Florida Statutes 1980 Supplement - Research Center...(b) Placing periodontal dressings. (c) Removing periodontal or surgical dressings. (d) Removing sutures. (e) Placing or removing

s. 466.017 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 466.025

posed oy law; and use such appliances as may be necessary to the proper practice of dentistry.

(2) Druggists irt this state may fill prescriptions oflegally licensed dentists in this state for any drugs necessary for the practice of dentistry.

(3) The board shall adopt rules which: (a) Define general anesthesia. (b) Specify which general or local anesthesia or

sedation, if any, are limited or prohibited for use by dentists.

(c) Establish minimal training, education, experience, or certification for a dentist to use general anesthesia or sedation, which rules may exclude, in the board's discretion, those dentists using general anesthesia or sedation in a competent and effective manner as of the effective date of the rules.

(d) Establish further requirements 2relating to the use of general anesthesia or sedation, including, but not limited to, office equipment and the training of dental auxiliaries or dental hygienists who work with dentists using general anesthesia or sedation.

(4) A licensed dentist may utilize an X-ray machine, expose dental X-ray films, and interpret or read such films. The provisions of part VII of chapter 468 to the contrary notwithstanding, a licensed dentist may authorize or direct a dental auxiliary to operate such equipment and expose such films under his direction and supervision, pursuant to rules adopted by the board in accordance with s. 466.024 which ensure that said auxiliary is competent by reason of training and experience to operate said equipment in a safe and efficient manner.

History.-ss. 1, 3, ch. 79-330; ss. 13, 15, 25, 27, 30, 34, 62, ch. 80-406. 'Note.-Section 3, ch. 79-330, in effect provides that this section shall stand

repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed in s. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; tqat, if ch. 459 is repealed in accordance with the intent expressed m ch. 79-230, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the sal!le date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided. . •Note.-The words "relating to" were substituted for "on" by the editors.

1466.024 Delegation of duties; expanded functions.-

(1) A dentist may not delegate irremediable tasks to a dental hygienist or dental auxiliary, except as provided by law. A dentist may delegate remediable tasks to a dental hygienist or dental auxiliary. The board by rule shall also designate which tasks are remediable, except that the following are by law found to be remediable:

(a) Taking impressions for study casts but not for the purpose of fabricating any intra-oral restorations or orthodontic appliance.

(b) Placing periodontal dressings. (c) Removing periodontal or surgical dressings. (d) Removing sutures. (e) Placing or removing rubber dams. (f) Placing or removing matrices. (g) Placing or removing temporary restorations. (h) Applying cavity liners, varnishes, or bases.

(i) Polishing amalgam restorations. (j) Polishing clinical cro~ns of the teeth for the

purpose of removing stains but not changing the existing contour of the tooth.

(k) Obtaining bacteriological cytological specimens not involving cutting of the tissue.

Nothing in this subsection shall be construed to limit remediable tasks to those specified therein.

(2) Notwithstanding subsection (1), a dentist may delegate the tasks of gingival curettage and root planing to a dental hygienist but not to a dental auxiliary.

(3) All other remediable tasks shall be performed under the direct, indirect, or general supervision of a dentist, as determined by rule of the board, and after such formal or on-the-job training by the dental hygienist or dental auxiliary as the board by rule may require. The board by rule may establish a certification process for expanded-duty dental auxiliaries, establishing such training or experience criteria or examinations as it deems necessary and specifying which tasks may be delegable only to such auxiliaries. If the board does establish such a certification process, the department shall implement the application process for such certification and administer any examinations required.

(4) Notwithstanding subsection (1), a dentist may not delegate to anyone other than another licensed dentist:

(a) Any prescription of drugs or medications requiring the written order or prescription of a licensed dentist or physician.

(b) Any diagnosis for treatment or treatment planning.

(5) Notwithstanding any other provision of law, a dentist is primarily responsible for all procedures delegated by him.

(6) Effective July 1, 1980, no dental auxiliary shall perform an intra-oral procedure except after such formal or on-the-job training as the board by rule shall prescribe.

History.-ss. 1, 3, ch. 79-330; ss. 13, 15, 25, 28, 30, 34, 62, ch. 80-406. • Note.-Section 3, ch. 79-330, in effect provides that this section shall stand

repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80.406 respectively provide that, if ch. 476 is repealed in accord· ance with the intent expressed in s. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 .is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature that ch. 80.406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed ins. 3 of ch. 79-330, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the mtent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is rep·ealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided.

1466.025 Dental interns; institutional dentists and nonprofit corporations; issuance and revocation of permits.-

(1) The department shall, upon presentation of satisfactory credentials meeting such requirements as the board may by rule prescribe, issue a permit to a graduate of an approved dental school or c·ollege who h&s not been licensed to practice dentistry in this state to serve as a dental intern in state-main-

651


tained and state-operated hospitals or institutes of Florida that may offer such a post or in such hospitals or institutions as shall be approved by the board; provided such hospitals or institutions maintain a recognized staff of one or more licensed dentists. Such intern shall function under the general supervision of the dental staff of such hospital. His work shall be limited to the patients confined to the hospital in which he serves, and he shall serve without fee or ·compensation other than that received in salary or other remuneration from such hospital. The board shall have the power to revoke the permit of any such intern at any time upon the recommendation by the executive officer of the dental staff of the hospital or institution in which he serves or for any other just cause.

(2) The department shall have the authority to issue annual permits to unlicensed dentists to serve as institutional dentists, working under the general supervision of licensed dentists of this state in the hospitals or other institutions operated by the state, provided such permits shall be issued only to graduates of schools approved by the board and further subject to cancellation for just cause.

(3) The department shall have the authority, upon presentation of satisfactory credentials and under such rules as the board may prescribe, to issue a permit to a nonprofit corporation chartered for one or more of the following purposes:

(a) Training and teaching dental auxiliaries in the public schools of the state. .

(b) Promoting research and training among duly licensed dentists in the state.

(c) Providing dental care for indigent persons.

Such nonprofit corporations shall function pursuant to rule of the board. The board shall have the power to revoke the permit issued to any such corporations for any violation of the rules. Such permits shall be granted and issued for a period of 1 year and shall be renewed only upon application and approval of the board and upon a showing by the nonprofit corporation that it is complying and Will comply with the rules and regulations and all provisions prescribed by the board.

History.-ss. 1, 3, ch. 79-330; ss. 13, 15, 25, 29, 30, 34, 62, ch. 80-406. •Note.---Section 3, ch. 79-330, in effect provides that this section shall stand

repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 197!1, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed in s. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent .qf the Legislature that ch. 80-406 shaH also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shaH also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided.

1466.028 Grounds for disciplinary action; action by the board.-

(1) . The following acts shall constitute grounds for which the disciplinary actions specified in sub-section (2) may be taken: .

(a) Attempting to obtain, obtaining, or renewing

a license under this chapter by bribery, fraudulent misrepresentations, or through an error of the de-partment or the board. .

(b) Having a license to practice dentistry or dental hygiene revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. ·

(c) Being convicted or found guilty, regardless· of adjudication, of a crime in any jurisdiction which relates to the practice of dentistry or dental hygiene. Any plea of nolo contendere shall be considered a finding of guilt for purposes of this chapter.

(d) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content or which is contrary to s. 466.019 or rules of the board adopted pursuant thereto.

(e) Advertising, practicing. or attempting to practice under a name other than one's own.

(f) Failing to report to the department any person who the licensee knows, or has reason to believe, is in violation of this chapter or of the rules of the department or the board.

· (g) Aiding, assisting, procuring, or advising any unlicensed person to practice dentistry or dental hygiene contrary to this chapte:r or to a rule of the department or the board.

(h) Being employed by any corporation, organization, group, or person other than a dentist or professional association composed of dentists; however, a dentist may be employed by a corporation or group for purposes of providing services to the employees and members of such corporation or group and -to members of their immediate families.

(i) Failing to perform any statutory or legal obligation placed upon a licensee.

(j) Making or filing a report which the .licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records shall inclu<;le only those which are signed in the capacity as a licensee.

(k) Committing any act which would constitute sexual battery, as defined in chapter 794, upon a patient or intentionally touching the sexual organ.of a patient.

(l) Making deceptive, untrue, or fraudulent representations in the practice of dentistry.

(m) Failing to keep written dental records and medical history records justifying the course of treatment of the patient including, but not limited to, patient histories, examination results,. and .test results.

(n) Exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party which shall include, but not be limited to, the promotion or sale of services, goods, appliances, or drugs and the promoting .or advertising on any prescription form of a community pharmacy unless the form shall also state "This prescription may be filled at any pharmacy of your choice." ·

(o) Failing to make available to a patient or client, or to his legal representative, copies of documents in the possession or under control of the li-

652


censee which relate to the patient or client. (p) Performing professional services which have

not been duly authorized by the patient or client, or his legal representative, except as provided in ss. 768.13 and 768.46.

(q) Prescribing, procuring, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of a dentist's professional practice. For the purposes of this paragraph, 1t shall be legally presumed that prescribing, procuring, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the dentist's professional practice, without regard to his intent.

(r) Prescribing, procuring, dispensing, or administering any medicinal drug appearing on any schedule set.forth in chapter 893, by a dentist to himself, except those prescribed, dispensed, or administered to the dentist by another practitioner authorized to prescribe t)lem.

(s) Prescribing, procuring, ordering, dispensing, administering, supplying, selling, o.r giving any drug which ' is an amphetamine or sympathomimetic amine drug or a compound designated as a Schedule II controlled substance, pursuant to chapter 893, to or for any person except for the clinical investigation of the effects of such drugs or coin pounds when an investigative protocol therefor is submitted to, and reviewed and approved by, the board before such investigation is begun.

·(t) Being unable to practice his profession with reasonable skill and safety to patients 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. A licensee affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he can resume the competent practice of his profession with reasonable skill and safety to patients.

(u) Fraud, deceit, or misconduct in the practice of dentistry or dental hygiene.

(v) Failure to provide and maintain reasonable sanitary facilities and conditions.

(w) Failure to provide adequate radiation safeguards. .

(x) Performing any procedure or prescribing any therapy which, by the prevailing standards of dental practice in the community, would constitute experimentation on human subjects, without first obtaining full, informed, and written consent.

(y) Being guilty of incompetence by failing to meet the minimum standards of performance in diagnosis and treatment when measured against generally prevailing peer performance, including, but not limited to, the undertaking of diagnosis and treatment for which the dentist is not qualified by training or experience.

(z) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he is not competent to perform.

(aa) Delegating professional responsibilities to a

person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licen-sure to perform them. ·

(bb) A violation or repeated violation of this chapter, chapter 455, or any rule promulgated pursuant to chapter 455 or this chapter; or a violation of a lawful order of the board or department previously entered in a disciplinary hearing; or failure to comply with a lawfully issued subpoena of the board or department.

(cc) Conspiring with another licensee or with a:ny person tci commit an act, or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his services.

(dd) Being adjudged mentally incompetent in this or any other state, the discipline for which shall last only so long as the adjudication.

(2) When the board finds any applicant or licensee guilty of any of the grounds_ set forth in subsection (1), it may enter an order imposing one or more of the following penalties: ·

(a) Denial of an application for licensure. (b) Revocation or suspension of a license. (c) Imposition of an administrative fine not to

exceed $1,000 for each count or separate offense. (d) Issuance of a reprimand. · (e) Placement of the licensee on probation for a

period of time and subject to such conditions as the board may specify, including requiring the licensee to attend continuing education courses or demonstrate his competency through a written or practical examination or to work under the supervision of another licensee.

(f) Restricting the authorized scope of practice. (3) There shall be · a minimum 6-month suspen.

sion of the license of a dentist who is convicted of a violation of paragraph 2(1)(aa).

(4) The department shall reissue the license of a disciplined licensee upon certification by the board that the disciplined licensee has complied with all of the terms and conditions set forth in the final order.

(5) In addition, if the department finds that an applicant has a complaint filed against him in another jurisdiction, the board may deny the application pending final disposition of said complaint.

·Hlstory.-ss. 1, 3, ch. 79-330; s. 5, ch. 80-354. · 'Note.-Section 3, ch. 79-330, in effect provides that this section shall stand

repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

'Note.-Cross reference "(1)(aa)" substituted for "(1)(y)" by the editors to conform to relettering resulting from House Amendments 5 and 11 to H. B. 1822 (1979). See 1979 House Journal, pp. 911 and 912.

CHAPTER 468

MISCELLANEOUS PROFESSIONS AND OCCUPATIONS

PART V NURSING HOME ADMINISTRATION

PART VIII ACUPUNCTURE

PARTV

653


NURSING HOME ADMINISTRATION

468.1715 Renewal of license.

1468.1715 . Renewal of license.-(!) The department shall renew a license upon

receipt of the renewal application and fee. (2) The department shall adopt rules establish

ing a procedure for the biennial r~newal of licenses. (3) Any license which is not renewed at the end

of the biennium prescribed by the department shall automatically revert to an inactive status. Such license may be reactivated only if the licensee meets the other qualifications for reactivation in s. 468.1725.

(4) Sixty days prior to the end of the biennium and automatic reversion of a license to inactive status, the department shall mail a notice of renewal and possible reversion to the last-known address of the licensee. ·

(5) The board m~y by rule prescribe continuing education, not to exceed 20 hours biennially, as a condition for renewal of a license or certificate. The criteria for such programs or courses shall be approved by the board.

History.-ss. 1, 2, ch. 79-227; s. 2, ch. 80-2!11. 'Note.-Section 2, ch. 79-227, in effect provides that this section shall stand

repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

468.321 468.322 468.323

468.324 468.325 468.326 468.327 468.328 468.329

PART VIII

ACUPUNCTURE

Legislative intent. Definitions. Certification qualifications and fee; ap-

prenticeship programs. Renewal of certificates; penalty fee. Disciplinary actions; grounds. Informed consent required. Rules. Penalty. Exemptions.

1468.321 Legislative intent.-The Legislature finds that the interests of the public health require the regulation ofthe practice of acupuncture in this state for the purpose of protecting the health and welfare of our citizens while making this healing art available to those who seek it.

History.-s. 1, ch. 80-375. 1 Note.-Section 2, ch. 80-375, provides in effect that this section, as created

by ch. 80-375, is repealed (expires) effective October 1, 1986, and shall be reviewed prior to that date pursuant to the Regulatory Reform Act of 1976, as amended.

1468.322 Definitions.-As used in this part: (1) "AcupunCture" means the insertion of nee

dles into the human body for the purpose of controlling and regulating the flow and balance of energy in the body; however, the term may be further defined by rules of the Department ofProfessional Regulation.

(2) "Acupuncturist" means any person certified as provided in this part to perform acupuncture.

(3) "Certificate" means the document of authorization granted by the department for a person to engage in the practice of acupuncture.

(4) "Department" means the Department of Professional Regulation.

Hi.story.-s. 1, ch. 80-375. 'Note;-Section 2, ch. 80-375, provides in effect that this section, as created


1468.323 Certification qualifications and fee; apprenticeship programs.-

(!) It is unlawful for any person to practice acupuncture in this state unless such person has been certified by the department.

(2) A person may become certified to practice acupuncture if he:

(a) Is 18 years of age or older. (b) Furnishes satisfactory evidence of completion

of2 years of education in acupuncture in a school or college approved by the department. Experience may be substituted for a part of this training if satisfactory evidence of such experience is provided to the department.

(c) Passes an examination, administered by the department, which tests the applicant's competency and knowledge of the practice of acupuncture. The examination shall include a practical examination of the skills required to practice acupuncture competently . .

(d) Pays a certification f~e to be prescri):>ed by the department, which fee shall not exceed $200.

(3) The department shall prepare the written portion of its examination in a foreign language for applicants who demonstrate an ability to communicate verbally with prospeCtive patients if at least 10 applicants request that such portion be offered in that for~ign language.

(4) Upon application, an acupuncturist who is certified to practice acupuncture and whose certificate has not been suspended or revoked shall be approved by the department to supervise apprentices. The department may approve programs of apprenticeship served under a supervising certified acupuncturist who has been approved, provided the programs do not involve the training or employing of more than three apprentices at any time under one supervisor and provided the name of each apprentice is filed with the department prior to commencement of the training. No person shall remain an apprentice for more than 3 yea.rs without the approval of the department.

History.-s. 1, ch. 80-375. 'Note.-Section 2, ch. 80-375, provides in effect that this section, as created


1468.324 Renewal of certificates; penalty fee.-

( I) Any person certified as an acupuncturist shall apply for renewal of certification biennially upc;m payment of a fee not to exceed $200, to be determined by the department.

(2) Any person who fails to renew a certificate within 30 days after expiration thereof may be reinstated upon payment of a penalty fee not to exceed $200, to be determined by the department, in addi-

654


tiori to the payment of the certification fee. The department may require any person who fails to renew a certific~te within 1 year after expiration to reapply for certification and to submit to reexamination,

History.-s. 1, ch. 80-375. . 1Note.-Secti0n 2, ch. 80-375, provides in effect that this section, as created

by ch. 80-375, is repealed (expires) effective October 1, 1986, and ·shall be reviewed prior to that date pursuant to the Regulatory Reform Act of 1976, as amended.

1468.325 Discipiinary actions; grounds.(1)(a) Upon the finding of any one or more of the

causes enumerated in subsection (2), the department may:

1. Deny an application for a certificate. 2. Suspend a certificate or restrict the practice of

acupuncture of a person for a period of not more than 5 years.

3. Revoke a certificate. 4. Require a person certified pursuant to the pro

visions of this part to submit to medical or other appropriate care, counseling, or treatment.

(b) If the department makes a finding of facts warranting suspension or revocation of a certificate, it may enter an order of suspension or revocation and suspend the operation thereof by placing the acupuncturist on probation under such terms and conditions as it deems appropriate. The order of probation may be vacated for noncompliance with the conditions of probation.

(2) The following are grounds for the disciplinary actions listed in subsection (1):

(a) Conviction or finding of guilt, regardless of adjudication, of a crime, in this state or any ether jurisdiction, if any element of the crime directly relates to the ability to practice acupuncture.

(b) The obtaining of, or an attempt to obtain, a certificate to practice acupuncture by bribery or by fraudulent misrepresentations.

(c) Malpractice or the inability to practice acupuncture with reasonable skill and safety.

(d) Disseminating false, deceptive, or misleading advertising.

(e) Advertising, practicing, or attempting to practice under a name other than one's own.

(f) Using alcohol, narcotics, or any other type of drug, cherpical, or material to an extent that the ability to practice acupuncture with reasonable skill and safety to patients is impaired.

(g) Judicially determined mental incompetency. However, a certificate suspended for this cause may be reinstated upon restoration of the competency of the individual whose certificate was so suspended.

(h) Determination that an acupuncturist suffers from a mental or physical illness, defect, handicap, or impairment which would prevent proper and competent performance of the duties and functions of an acupuncturist. The department may, for just cause, compel an acupuncturist to submit to a mental or physical examination to be conducted by physicians designated by the department and to be conducted at the expense of the department. Failure or refusal of an acupuncturist to submit to such an examination, when so directed by the department, shall constitute an admission of inability to practice acupuncture properly and competently.

(i) Violation of the rules of the department. (j) Revocation, suspension, or denial of the indi-

vidual's license or certificate to practice acupuncture in any other state or territory of the United States or any foreign country.

(k) A finding by the department that the individual is guilty of unprofessional conduct. Unprofessional conduct includes any departure from, or failtire to conform to, the minimal standards of acceptable and prevailing acupuncture practice, without regard to the injury of a patient, or the committing of any act contrary to honesty, whether such act is committed in the course of practice or not.

(l) Assisting, aiding, abetting, or procuring the practice of an uncertified person.

(m) Knowingly maintaining a professional connection or association with any person who is in v-iolation ofthe provisions of this part or the rules of the department. ·

(n) Violation of any provision of this act, (o) Failing to keep written records justifying the

course of treatment of a patient. (p) Exercising. influence on a patient in such a

manner as to exploit the patient for the financial gain of the certificateholder or of a third party.

(3) In its discretion, the department may restore and reissue a certificate to practice acupuncture; but, as a condition thereof, the department ma:y impose any disciplinary or corrective measure which it might have imposed prior to the suspension or revocation of such certificate.

( 4) Each person certified to practice acupuncture in this state shall be deemed to have given his consent to submit to a mental or physical examination when so directed by the department and to have waived all objections to the admissibility of the examining physician's reports upon the ground that such reports constitute a privileged communication.

(5) Neither the record of proceedings conducted pursuant to this section nor the orders of the department entered thereon shall be used in any other proceeding; however, any order of suspension or revocation shall be available for use in any prosecution under s. 468.328.

(6) The department may temporarily suspend the certificate of any acupuncturist who is admitted to, or confined within, a hospital or institution for the purpose of obtaining treatment and therapy for any mental or nervous disability, upon certification from the admitting authority or officer of the adrp.i~ting institution responsible for his care. Any certificate so suspended shall be restored by the department within 20 days after such person is dismissed from the institution, unless the department institutes proceedings for the purpose of determining whether the certificate shall be restored, suspended, or revoked according to the provisions of this section.



1468.326 Informed consent required.-No acupuncture shall be performed on any person without the informed written consent of such person or, if such person is unable to give consent because he

655

s. 468.326 1~80 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 471.023

is a minor or is otherwise incompetent to give consent, without the informed written consent of the parent, guardian, spouse, or nearest living relative of such person.


by ch. 80-375, is repealed (expires) effective October I, 1986, and shall be reviewed prior to that date pursuant to the Regulatory Reform Act of 1976, as amended. ·

'468.327 Rules.-The department may adopt such rules as are necessary to <;arry out the purposes of this part, including rules establishing procedures for certification and approval, determining proper courses of study, preparing qualifying examinations, setting fees, and deciding matters of policy and practice.


by ch. 80-375, is repealed (expires) effective October I, 1986, and shall be reviewed prior to that date pursuant to the Regulatory Reform Act of 1976, as amended.

1468.328 Penalty.-Any person who practices acupuncture without a valid certificate is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


by ch. 80-375, is repealed (expires) effective October 1, 1986, ana shall be reviewed prior to that date pursuant to the Regulatory Reform Act of 1976, as amended.

1468.329 Exemptions.-This 2part shall not apply to persons licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462 3or chapter 466. The regulatory boards established by those chapters may promulgate rules governing the practice of acupuncture by their respective licensees.


by ch. 80-375, is repealed (expires) effective October 1, 1986, and shall be reviewed prior to that date pursuant to the Regulatory Reform Act of 1976, as amended. 'Note.-The word "part" .was substituted for "chapter" by the editors. Sec

tion I, ch. 80-375, provides for the creation of part II of ch. 486, which was editorially redesignated as part VIII of ch. 468. The intended reference, however, appears to be "part." 'Note.-The word "or" was substituted for "and" by the editorS.

CHAPTER 4 71

ENGINEERING

471.023 Certification of partnerships and corporations.

1471.023 Certification of partnerships and corporations.-

(!) The practice of, or the offer to practice, engineering by registrants through a corporation or partnership offering engineering services to the public or by a corporation or partnership offering said services to the public through registrants under ss. 471.001-471.039 as agents, employees, officers, or partners is permitted only if the firm possesses a certification issued by the department pursuant to qualification by the board, subject to the provisions of ss. 471.001-471.039. One or more of the principal officers of the corporation or one or more partners of the partnership and all personnel of the corporation

or partnership who act in its behalf as engineers l.n this state shall be r~gistered as provided by ss. 471.001-471.039. All final drawings, specifications, plans, reports·, or other papers or documents involving practices registered under ss. 471.001-471.039 which are prepared or approved for the use of. the corporation or partnership or for delivery to any person or for public record within the state shall be dated and shall bear the signature and seal of. the registrant who prepared or approved them. Nothing in this section shall be construed to mean that a certificate of registration to practice engineering shall be held by a corporation. Nothing h!=lrei~ prohibits corporations and partnerships from joining together to offer engineering services to the public, provided each corporation or partnership otherwise meets the requirements of this section. No corporation or partnership shall be relieved of responsibility for ~he conduct or acts of its agents, employees, or officers by reason of its compliance with this section, nor shall any individual practicing engineering be relieved of responsibility for professipnal services performed by reason of his employment or relationship with a corporation or partnership . .

(2) For the purposes of this section, a certificate of authorization shall be required for ;1 corporation, partnership, association, or person practicing under a fictitious name, offering engineering services to the public. However, when an individual is practicing engineering in his own given name, he shall not be required to register under this section. ·

(3) The fact .that a registered engineer practices through a corporation or partnership shall not relieve the registrant from personal liability for negligence, misconduct, or wrongful acts committed by him. Partnerships and all partners shall be jointly and severally liable for the negligence, misJ::onduct, or wrongful acts committed by their agents, employees, or partners while acting in a professional capacity. Any officer, agent, or employee of a corpo- · ration shall be personally liable and accountable only for negligent acts, wrongful acts, or misconduct committed by him or committed by any person under his direct supervision and control, while rendering professional services on behalf of the corp_oration. The personal liability of a shareholder of a corporation, in his capacity as shareholder, shall be no greater than that of a shareholder-employee of a corporation incor·porated under chapter 607. The corporation shall be liable up to the full value of its property for any negligent acts, wrongful acts, or misconduct committed by any of its officers, agents, or employees while they are engaged on behalf of the corporation in the· rendering of professional services.

(4) Persons seeking to incorporate under the provisions of this section shall first obtain approval from the department prior to filing articles of incorporation with the Department of State. · (5) Each certification of authorization shall be

renewed every 2 years. Each partnership and corporation certified under this section shall notify the board within 1 month of any change in the information contained in the application upon which the certification is based. .

(6) Disciplinary action against a corporation or partnership shall be administered in the same man-

656


ner and on the same grounds as disciplinary action against a registered- engineer.

Hlstory.-BS. 11, 42, ch. 79-243; s. 1, ch. 8().223. . 'Note.--Section 42, ch. 79-243, provides that this section is repealed on July

1, 1985·, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

CHAPTER 473

PUBLIC ACCOUNTANCY

473.307 Experience.

'473.307 Experience.-If application is ·made prior to August 2,. 1983, an applicant who passes the examination shall be entitled to be licensed as a certified public accountant pursuant to s. 473.308 if the applicant:

(1) Has worked for a period of at least } year under the supervision of a certified public accountant engaged in the full-time private practice of pub-lic ·accounting; or · .

(2) Has been employed for at least 1 year as an auditor or accountaht, or in-a similar position, by a unit of federal, state, or local-government, provided the position required the use of accounting skills and the applicant was supervised during such· employment by a certified public accountant who was employed on a full-time basis. Experience 'which satisfies this requirement includes; but is not limi~ed to, employment as: · · · ·

(a) An auditor or accounting analyst on the staff of the · accounting department of the Florida Public Service Commission; or ·

(b) An accountant or postauditor on the staff of the Auditor General; or · ·

(3) Has successfully completed at least 1 additional year of accounting courses at an accredited college or university. ·

Hlstory.-ss. 6, 25, ch. 79-202; ss. 13, 15, 25, 30, 31, 34, 62, ch. 80-406. 'Note.-Section 25, ch. 79-202, in effect provides that this section is repealed

on July 1, 1985, and shall ~ reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976. Sections 13, 15, 25, 30, 34; and 62 o( ch. 80·406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that; if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80406 shall also be repealed on the same date as is therein provided; that. if ch. 466 is repealed in accordance with the intent expressed ins. 3 of ch.-79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the !"'me date as is therein p~ovided; that, if cJ;>. 474 is repealed in accordance Wlth the mtent expressed m ch. 79-228, 1t 1s the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77:457 or as subsequently' amended, it is the intent of the Legislature thatch. 86-406' shall also be repealed on the same date as is therein provided.

CHAPTER474

VETERINARY MEDICAL PRACTICE

474.203 474.207 474.211 474.214

Exemptions. Licensure by examination. Renewal of license. Disciplinary proceedings.

474.215 Premises permits. 474.2165 Veterinary medical records.

1474.203 Exemptions.-This chapter shall not apply to:

(1) The holder of a veterinary faculty certificate. The board may issue without examination a veterinary faculty certificate·to an individual who demonstrates that 'he is a graduate of an established and reputable school or college of veterinary medicine approved by the board. The certificate shall authorize the holder to practice only in conjunction with teaching duties at a school or college of veterinary medicine approved by the board pursuant to s. 474.207(1)(b) or in its main teaching hospital. Such certificate shall automatically expire when the holder's relationship is terminated with the college of veterinary medicine. .

(2) A student in a school or college of veterinary medicine while in the performance of duties assigned by his instructor or when working as an intern under the immediate supervision o( a licensee.

(3) Any doctor of veterinary medicine in the employ of a state agency or· the United States Government while actually e~gaged in the performance of his official duties; however, this exemption shall not apply to such person .when he is not engaged in carrying out his official duties or is not working at the installations for which his services were engaged.

(4) Any person, or his regular employee, administering to the ills or injuries of his own animals, including, but not limited to, castration and spaying of animals and dehorning of cattle, unless title has been transferred or employment provided for the purpose of circumventing this law.

(5) State agencies, accredited schools, institutions, foundations, business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doctors of veterinary medicine, or persons under the direct supervision- thereof, which or who conduct experiments and scientific research on animals in the development of pharmaceuticals, biologicals, serums, or methods of treatment, or techniques for the diagnosis or treatment of human ailments, or when engaged in the study and dlilvelopment of methods and techniques directly or indirectly applicable to the problems of the practice of veterinary medicine.

(6) Any veterinary aide, nurse, laboratory technician, intern; or other employee of a licensed veterinarian who administers medication or renders auxiliary or supporting assistance under the responsible supervision of such licensed practitioner .. However, the licensed veterinarian shall be responsible for all such acts performed by persons under his supervision.

History.-ss. 1, 2, ch. 79-228; ss .. 13, 15, 25, 30, 32, 34,, 62, ch. 80-406. 'Note.-Section 2 ch. 79-228, in effect provides that this section shall stand

repealed on July 1'1985 and shall be reviewed by the Legislature pursuant to the Regulatory Refo~ Act of 1976, as amended by ch. 77457. Sections 13, 15 25 30 34 and 62 of ch. 80-406 respectively provide that, if ch. 476 is repeaied i~ ac~ordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80-406 shall also.be repealed on the sam~ date as is therein provided; that, if ch. 459 1s repealed m accordance w1th the mtent expressed in ch. 79-230, it is the intent ?f the Legislature thatch. ~0-406 shall also be repealed on the same date as IS therem .ProVIded; that, 1f ch. 465 IS repealed in accordance with the intent expressed m ch .. 79-226, ch. 80-406 shaH also be repealed on the same date as 1s therem J?rOVIded; that, 1f ch. 466 IS repealed in accordance with the intent expressed m s. 3 of ch. 79-330, 1t IS the intent of the Legislature ~hat ch. 80-406 shall also.be repealed on the same date as is therein provided; that, if ch. 474Is repealed m accordance Wlth the mtent

657

s. 474.203 1980 SUPPLEMENt TO FLORIDA STATUTES 1979 s. 474.214

expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided.

1474.207 Licensure by examination.-(!) Any person desiring to be licensed as a veteri

narian shall apply to the department to take a licensure examination. The examination Shall include the subject of the laws of this state which govern the practice of veterinary medicine. The board may, by rule, adopt use of a national examination in lieu of part or all of the examination required by this section, with a reasonable passing score to be set by rule of the board. The department shall examine each applicant who the board certifies has:

(a) Completed the application form and remitted an examination fee set by the board not to exceed $250.

(b) Graduated from a college of veterinary medicine which has been approved by the board according to standards set by rule of the board. However, these standards shall be substantially equivalent to the standards established by an accrediting agency approved by the United States Office of Education. The board may approve veterinary schools not meeting such standards.ifit develops by rule a procedure for reviewing such schools in order to ensure that graduates of such schools are minimally competent to practice iri this state.

(2) The department shall issue a license to practice veterinary medicine to any applicant who successfully completes the examination in accordance with this section.


repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended by ch. 77-457. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed inch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided: that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch . 80-406 shall also be repealed on the same date as is therein provided.

1474.211 Renewal of license.-(1) The department shall renew a license upon

receipt of the renewal application and fee. (2) The department shall adopt rules establish

ing a procedure for the biennial renewal oflicenses. (3) Any license which is not renewed at the end

of the biennium prescribed by the department shall automatically revert to an inactive status. Such license may be reactivated only if the licensee meets the other qualifications for reactivation in s. 474.212.

(4) Sixty days prior to the end of the biennium and automatic reversion of a license to inactive status, the department shall mail a notice of renewal and possible reversion to the last-known address of the licensee.

(5) The board may by rule prescribe continuing

education, not to exceed 30 hours biennially, as a condition for renewal of a license or certificate. The criteria for such programs or courses shall be approved by the board.

History.-ss. 1, 2, ch. 79-228; s. 3, ch. 80-291. 'Note.-Section 2, ch. 79-228, in effect provides that this section shall stand

repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended by ch. 77-457.

1474.214 Disciplinary proceedings.-(!) The following acts shall constitute grounds

for which the disciplinary actions in subsection (2) may be taken:

(a) Violating any provision of s. 474.213 or s. 455.227(1).

(b) Attempting to procure a license to practice veterinary medicine by bribery, by fraudulent misrepresentations, or through an error of the department or the board.

(c) Having a license to practice veterinary medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

(d) Being convicted or found guilty, rega_rdless of adjudication, of a crime in any jurisdiction which directly . relat~s to the practice of .veterinary medicine or the ability to practice veterinary medicine.

(e) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed veterinarian.

(f) Advertising goods or services in a manner· which is fraudulent, false, deceptive, or misleading in form or content.

(g5 A violation or repeated violation of this chapter, chapter 455, or any rules promulgated pursuant thereto.

(h) .. Practicing with a revoked, suspended, or in-active license. ·

(i) Being unable to practice veterinary medicine with reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other material or substance or as a result of any mental or physical condition. A licensee affected under this paragraph shall have the opportunity, at reasonable intervals, to demonstrate that he can resume the competent practice of veterinary medicine with reasonable skill and safety to patients.

(j) Violation of a lawful order of the board or department previously entered in a disciplinary hearing, or failure to comply with a lawfully issued subpoena of the board or department.

(k) Judicially determined mental incompetency. However, a license suspended for this cause may be reinstated upon legal restoration of the 2competency of the individual whose license was so suspended.

(l) Knowingly maintaining a professional connection or association with any person who is in violation of the provisions of this chapter or the rules of the board.

(m) Paying or receiving kickbacks, rebates, bonuses, or other remuneration for receiving a patient or client or for referring a patient or client to anoth-

658


er provider of veterinary services or goods. (n) Performing or prescribing unnecessary or un

authorized treatment. (o) Fraud in the collection offees from consumers

or any person, agency, or organization paying fees to practitioners.

(p) Attempting to restrict competition in the field of veterinary medicine other than for the protection of the public. However, this provision shall not apply to testimony made in good faith at a hearing or other proceeding in which the subject is the revocation of a license or a lesser penalty.

(q) Fraud, deceit, negligence, incompetency, or misconduct, in the practice of veterinary medicine.

(r) Conviction on a charge of cruelty to animals. (s) Permitting or allowing another to use a veter

inarian's license for the· purpose of treating or offering to treat sick, injured, or afflicted animals.

(t) Maintaining a professional or business connection with any other person who continues to violate any of the provisions of this chapter or rules of the board after 10 days' notice in ·writing by the board. · ·

(u) Willfully making any misrepresentations in connection with the inspection of food for human consumption.

(v) Fraudulently issuing or using any false health certificate, vaccination certificate, test chart, or other blank form used in the practice of veterinary medicine relating to the presence or absence of animal disease or transporting animals or issuing any false certificate relating to the sale of inedible products of animal origin for human consumption.

(w) Fraud or dishonesty in applying, treating, or reporting on tuberculin, diagnostic, or other biological tests.

(x) Failing to keep the equipment and premises of the business establishment in a clean and sanitary condition or having a premises permit suspended or revoked pursuant to s. 474.215.

{y) Refusing to permit the department to inspect the business premises of the licensee during regular business hours.

(z) Using the privilege of ordering, prescribing, or making available medicinal drugs or drugs as defined in chapter 465, or controlled substances as defined in chapter 893, for use other than for the specific treatment of animal patients.

(aa) Providing, prescribing, ordering; or making available for human use medicinal drugs or drugs as defined in chapter 465, controlled substances as defined in chapter 893, or any material, chemical, or substance used exclusively for animal treatment.

(2) When the board finds any veterinarian guilty of any of the grounds set forth in subs-ection (1), it may enter an order imposing one or more of the following penalties: ·

(a) Denial of an application for licensure. (b) Revocation or suspension of a license. (c) Imposition of an administrative fine not to

exceed $1,000 for each count or separ8,te offense. (d) Issuance of a reprimand. (e) Placement of the veterinarian on probation

for a period of time and subject to such conditions as the board may specify, including requiring the veterinarian to attend continuing education courses or to

work under the supervision of another veterinarian. (f) Restricting the authorized scope of practice. (3) The department shall reissue the license of a

disciplined veterinarian upon certification by the board that the disciplined veterinarian has complied with all of the terms and conditions set forth in the final order.

History.-ss. 1, 2, ch. 79-228; ss. 13, 15, 25, 30, 34, 35, 62, ch. 80-406. 'Note.-Section 35, ch. 80-406 purported to amend the entire section, but

only republished paragraph (n) of subsection (1). The remainder of the section is republished here, however, for the apparent legislative intent was not to repeal it. Section 2, ch. 79-228, in effect provides that this section shall stand repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended by ch. 77-457. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155 it is the intent of the Legislature thatch. 80-406 shall also be repealed on the ..:..me date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed inch. 79-226, ch. 80-406 shall

· also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330 lt is the intent of the Legislature thatch. 80-406 shall also be repealed on the ..:..me date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided. 'Note.-The words "competency of the" were inserted by the editors.

'474.215 Premises permits;-2(1) Any establishment where a licensed veteri

narian practices must have a premises permit issued by the department. Upon application and payment of a $25 fee, the department shall cause such establishment to be inspected. A premises permit shall be issued if the establishment meets ·minimum standards, to be adopted by rule of the board, as to sanitary conditions and physical plant. In lieu of the above procedure, the department may issue a premises permit to any premises which is accredited by a recognized organization-whose standards meet or exceed board minimum standards, as established by rule.

2 (2) Each application for a premises permit shall set forth the name of the licensed veterinarian who ~ill be responsible for the management of the prem-1ses.

2 (3) The premises permit may be revoked, suspended, or denied when inspection reveals that the premises do not meet the standards set by rule or when the license of the responsible veterinarian has been suspended or revoked.

2(4) The board may, after notice and hearing, impose a penalty against any owner, operator, or responsible veterinarian of any premises operating without a premises permit in violation of this section or any rule promulgated by the board: No penalty so imposed shall exceed $1,000 for each count or separate offense.

(5) Any practitioner who provides veterinary service on a house-call basis and who does not maintain a veterinary establishment for receipt of patients shall not be required to obtain a premises permit, but must provide for minimum equipment and facilities as established by rule.


repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended by ch. 77-457. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent

659

s. 474.215 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 ·s. 475.01

expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed inch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed i.n accordance with the 'intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repeal~ in accordance with the intep,t expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided.'

'Note.-Section 36, ch. 80-406 purported to amend the entire section, but did not republis!> subsections (1)-(4). Subsections (1)-(4) are republished here, however, for the apparent _legislative' intent was not to repeal them.

1474.2165 Veterinary medical records.-Each person who provides veterinary medical services shall maintain medical records, as established by rule.

Hlstory.-ss. 13, 15, 25, 30, 34, 37, 62, ch. 80-406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expresse'd ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as i~ therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall al8o be repealed ori the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on.the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided.

CHAPTER 475

REAL ESTATE BROK~RS, SALESMEN, AND SCHOOLS

475.01 475.011 475.17 475.182 475.1825

475.451 475.45il 475.482 -475.484

Definitions. Exemptions. Qualificat~ons for practice. Renewal oflicense; continuing education. Certain expired registrations granted in-

active status. Schools teaching real estate practice. Advertising by real estate schools. Real Estate Recovery Fund. 'Payment from the fund.

1475.01 Definitions.-As used in this chapter: (1) "Board" means the Board of Real Estate.

· (2) "Department" means the Department of Professional Regulation.

2(3) "Broker" means a person who, for another, and for a compensation or valuable cons~deration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase,. or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that he is engaged in the business of appraising, auctioning, buy-

ing, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, inCluding mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, ·exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or ·lists. The term "broker" also includes any person who is a partner, officer, or director of a partnership or corporation which acts as a broker. .

(4) '~Salesman" means a person who performs any act specified in the definition of "broker,'~ but who performs such act under the direction, control, or management of another person. ·

(5) "Broker-salesman" means a person who is registered as a broker, but who performs the duties of a salesman for another person, and who is designated as a broker-salesman in the registration list of the board.

2(6) "Real property" or ·"real estate" means any interest or estate in land and any interest in business enterprises or business opportunities, including any assignment, le3$ehold, subleasehold, or mineral right; however, the term does not include any cemet~ry lot or right of burial in any cemetery; nor does the term include the renting of a mobile home lot, or recreational vehicle. lot in a mobile home park or travel park.

(7)_ The terms "employ," "employment," "employer," and "employee," when used in this chapter anQ. in rules adopted pursuant thereto to describe the relationship between a broker and a salesman, include an independent contractor . relationship when such relationship is intended by and established between a broker and a salesman. The existence of such relationship shall not relieve either the broker or the salesman of his duties, obligations, or responsibilities under this chapter.

'(8) Wherever the word "operate" or "operating" as a broker, a broker-salesman, or a salesman shall appear in this chapter, or in any orO,er, rule, or regulation of the board, or in any pleading, indictment, or information under this chapter, or in any court action or proceeding, or in any order or judgment of a court, it shall be deemed to mean the commission of one or more acts described ins. 475.01(3) as constituting or defining a broker or salesman, not including, however, any of the exceptions stated therein. A single such act shall be sufficient to bring a person within the meaning of this chapter; and each act shall, if prohibited herein, constitute a separate offense.

Hlstory.-s. 1, ch. 12223." 1927; CGL 4062; s . 1, ch. 29983, 1955; s. 1, ch. 59-199; s . 1, ch. 59-197; s. 1, ch. 59-438; ss. 30, 35, ch. 69-106; s. 1, ch. 75-112; s. 7, ch. 75-184; s. 3, ch. 76-168; s. 1, ch. 77-239; s. 1, ch. 77·355; s . 1, ch. 77-457; s. 1, ch. 78-215; s. 1, ch. 78-366; ss. 2, 42, 43, ch. 79-239; ss. 2, 3, 5, ch. 80-405.

'Note.-Section 42, ch. 79-239, iti effect provides that this section is repealed on July 1, 1985, and shall be reviewed ·by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 2 and 5, ch. 80-.05, provide that, if ch. 475 is repealed in accordance with the intent expressed in s. 42 of ch. 79-239, it is the intent of the Legislature that ch. 80-405 shall also

660


be repealed on the same date as is therein provided. · 'Note.-As amended, effective January 1, 1982.

1475.011 Exemptions.-This chapter does not apply to:

(1) Any person acting as an attorney-in-fact for the purpose of the execution of contracts or conveyances only; or as an attorney-at-law ithin the scope of his duties as such; or as the personal representative, receiver, trustee, or master under, or by virtue of, an appointment by will or by order of.a court of competent jurisdiction; or as trustee under a deed of trp.st, or under a trust agreement, the ultimate purpose and intent whereof is charitable, is philanthropic, or provides for those having a natural right to the bounty of the donor or trustor;

(2) Any individual, corporation, partnership, trust, joint venture, or other entity which sells, e]l:changes, or leases its own real property; however, thi:;; exemption shall not he available if and to the extent that an agent, employee, or independent contractor paid a commission or other compensation strictly on a transactional basis is employed to make sales, exchanges, or leases· to or with customers in the ordinary course of an owner's business of selling, exch~nging, or leasing real p~ope~r, to the public. · (3) Any employee of a pubhc utlhty, a rural elec

tric cooperative, a · railroad, or the Department of Transportation who acts within the scope of his employment, for which no compensation in addition to the einploye~'s salary is paid, to buy or lease any real property, or any interest in r!'!i::l,l property, for the use of his employer; . (4) One resident manager of an apa.rtment building complex and one nonresident manager of such complex who are employed by a registered broker or by the owner of the apartment building complex to lease the residential apartmimts in such complex; or

(5) Any person emP,loyed as, or acting in the capacity of, a manager of a condominium or cooperative apartment building as a result of any activities or dutij:!s which he may have in· relation to the rent• ing of individual units within such a condominium or cooperative apartment if such manager is acting on behalf of a tenant owning or having an interest iri rio more than one unit within the condominium or cooperative apartment and if rentals ·arranged by him are for periods no greater than 1 year.

Hlstory.-ss. 3, 42, ch. 79-239; ss. 1, 5, ch. 80-307. . 'Note.-Section 42, ch. 79-239, in effect provides that this section is repealed

on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended: Section,.5, ch. 80-307, ·provides that, if s. 475.011 is repealed in accordanc~ with the intent exP.ressed ins. 42, ch. 79-239, it is the intent of the Legislature that ch. 80-307" shall also be repealed on the same date as is therein provideq.

1.475.17 Qualifications for practice.-(1) An applicant for licensure "who is a natural

person shall be 18 years of age, a bona fide resident of the state, honest, truthful, trustworthy, 11nd of good character and shall have a good reputation for fair dealing. An applicant for an active broker's license or a salesman's license shaJl be competent and qualified to make real estate transactions and conduct negotiations therefor with safety to investors and to those with. wl:10m he may undertake a relationship of trust and confidence. ~fthe applicant_ has been denied registration or a license or has beep. !lisbarred, or his registration or license to. practice or

condu~t any regulated profession, business, or vocation has been revoked or suspended·, by this or any other state, any nation, possession, or district ofthe United States, or any court or lawful agency thereof, because of any conduct or practices which would have warranted a like result under this chapter, or if the applicant has been g~ilty of conduct or practices in this state or elsewhere which would have been grounds for revoking or suspendip.g his license · under this chapter had the applicant then been registered, the applicant.shall be deemed not to be qualified, unless, because oflapse of time and subsequent good conduct and reputation, or other reason deemed sufficient, it shall appear to the board that the interest of the public and investors will not likely be endangered by the granting of registration.

(2) In addition to other requirements under this chapter, the board may require the satisfactory completion of one or more of the educational courses or equivalent courses conducted, offered, sponsored, prescribed, or approved pursuant to s. 475.04, taken at an accredited college; university, or community college or at a registered real estate school, as a condition precedent for any person to become licensed or to renew his license as a broker, brokersalesman, or salesman. The course or courses required for one to become initially licensed shall not exceed a total of 51 classroom hours of 50 minutes each, inclusive of examination, for a salesman and 48 classroom hours of 50 minutes each, inclusive of exaniip.ation, fora broker. No person shall .be regiStered as a "real estate broker unless, in addition to the other requirements of law, he shall have held an active real estate salesman's registrati(ln certificate in the office of one or m0re registered real ~state brokers for at least 12 months during the preceding 5 years. The satisfactory completion of an examination administered by the accredited college, university, or community college or by the registered real estate school shall be the basis for determining satisfactory completion of the course. However, notice of satisfactory completion shall not be issued if the student has absences in excess of 6 classroom hours. When such requirement is made, provisions shall be made to make such course or courses available by correspondence or other·suitable means to any person who, by reason of hardship, cannot attend the place or places where the course is regularly con-~ucted. ·

2(3) AU individuals engaged in the activity of dealing in business enterprises or business opportunities for another and for valuable consideration on January 1, 1982, may continue to operate in this activity without complying with the qualification for practices provisions of supsection (2) of this section and s. 475.175 for a period of2 years. During this 2-year period, all such individuals shall either qualify as real estate brokers under the provisions of this chapter or satisfactorily ~omplete board-approved courses of instruction and pass an examination prescribed by the board. The total classroom hou~ of instruction in the board-approved course or courses of instruction shall not exceed the combined total for

661


broker applicants and salesman applicants contained in subsection (2). After this 2-year period, full compliance with this act and this chapter is mandatory.

History.-s. 18, ch. 12223, 1927; CGL 4079; s. 1, ch. 24090, 1947; s. I , ch. 57-244; s. 2, ch. 59-200; ss. 2, 3, ch. 69-378; s. 1, ch. 74-343; s. I, ch. 75-106; s. 1, ch. 75-117; s. 3, ch. 76-168; s. 1, ch. 77-116; s. 1, ch. 77-238; s. 1, ch. 77-457; ss. 11, 42, 43, ch. 79-239; s. 206, ch. 79-400; ss. 2, 4, 5, ch. 80-405. 'Note.-Section 42, ch. 79-239, in effect provides that this section is repealed

on July 1, 1985, and shall be reviewed by the Legislature pursuant to the · Regulatory Reform Act of 1976, as amended. Sections 2 and 5, ch, 80-405, provide that, if ch. 475 is repealed in accordance with the intent expressed in s. 42 of ch. 79-239, it is the intent of the Legislature that ch. 80-405 shall also be repealed on the same date as is therein provided.

'Note.-Effective January 1, 1982. cf.-s. 112.011 Felons; removal of disqualifications for employment, excep

tions.

1475.182 Renewal of license; continuing edqcation.-

(1) The department shall renew a license upon receipt of the renewal application and fee. The renewal application for an active license as broker, broker-salesman, or salesman ·shall include proof satisfactory to the board that the licensee has, since the issuance or renewal of his current license, satisfactorily completed at least 14 classroom hours of 50 minutes each of a continuing education course, as prescribed by the board.

(2) The department shall adopt rules establishing a procedure for the biennial renewal oflicenses.

(3) Any license which is not renewed at the end of the biennium prescribed by the department shall automatically revert to inactive status. Such license may be reactivated only if the licensee meets the other qualifications for reactivation ins. 475.183.

(4) Sixty days prior to the end of the biennium and automatic reversion of a license to inactive status, the department shall mail a notice of renewal and possible reversion to the last-known address of the licensee.

History.-ss. 14, 42, ch. 79-239; ss. 2, 5, ch. 80-307. • Note.-Section 42, ch. 79-239, in effect provides that this section is repealed

on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Section 5, ch. 80-307,/_rovJdes that, if s. 475.011 is repealed in accordance with the intent expresse m s. 42, ch. 79-239, it is the intent of the Legislature that ch. 80-307 shall also be repealed on the same date as is therein provided.

1475.1825 Certain expired registrations granted inactive status.-

(!) The registration of any real estate broker or salesman that expired after June 30, 1969, and before July 1, 1979, solely due to nonrenewal shall be considered to be inactive under the provisions of this chapter. The inactive status granted under this section shall relate back to the original date of nonrenewal. Reactivation of inactive licenses under this section shall be accomplished pursuant to s. 475.183(3).

(2) If this chapter is repealed in accordance with the intent expressed ins. 42, chapter 79-239, Laws of Florida, it is the intent of the Legislature that this section shall also be repealed on the same date as is thereip provided.

History.-ss. 1, 2, 5, ch. 80-405. 'Note.-Effective January 1, 1982.

'475.451 Schools teaching real estate practice.-

(1) Each person, school, or institution, except approved and accredited colleges and universities in this state, that offers or conducts any course of study

in real estate practice, teaches any course prescribed by the board as a condition precedent to licensure or renewal as a broker or salesman, or teaches any course designed or represented to enable or assist applicants for licensure as brokers or salesmen to pass examinations for such licensure conducted by the department shall, before commencing or continuing further to offer or conduct such course or courses, obtain a permit from the department and abide by the regulations imposed upon such person, school, or institution by this chapter and rules ofthe board-adopted pursuant to this chapter.

(2) An applicant for a permit to operate a real estate school, or to be a chief administrator of such a school, or to be an instructor in such a school shall meet the following minimal requirements: ·

(a) "School permitholder" is defined as that individual who is responsible for directing the overall operation of the real estate school. He shall be the holder of a license as a broker, either active or nonactive, or have passed the instructor's examination administered by the department. The school permitholder shall also meet the requirements of a s~hool instructor if he is actively engaged in teaching.

(b) "School chief administrative person" is defined as that individual who is responsible for the administration of the overall policies and practices of the school. He shall also meet the requirements of a school instructor if he is actively engaged in teach-ing. · ·

(c) "School instructor" is defined as that individual who actively instructs in the classroom: He shall, within the 5 years imm~diately preceding the filing of his application, have obtained his initial license as a broker, either active or nonactive, or, within such 5 years, have passed the instructor's examination. Every second year, each instructor shall recertify his competency by presenting to the board evidence of his successfully completing a minimum of 15 classroom hours of instruction in real estate subjects or instructional techniques, as prescribed by the board.

The department may require an applicant to submit names of persons having knowledge concerning the applicant and the enterprise, may propound interrogatories to such persons and to the applicant concerning the character of the applicant, and shall make such investigation of him or the school or institution as it may deem necessary to the granting of the permit; and, if an objection is filed, it shall be considered in the same manner as ·objections or administrative complaints against applicants for licensure by the department.

(3) It is unlawful for any person, school, or institution to offer the courses described in subsection (1) or to ' conduct classes in such courses, regardless of the number of pupils, whether by correspondence or otherwise, without first procuring a permit, or to guarantee that its pupils will pass any examinations given by the department, or to represent that the issuance of a permit is any recommendation or endorsement of the person, school, or institution to which it is issued or of any course of instruction given thereunder.

(4) Any person who violates this section is· guilty of·a misdemeanor of the second degree, punishable

662


as provided in s. 775.082 or s. 775.083. (5) Location of classes and frequency of class

meetings shall be in the discretion of the school offering real estate courses, so long as said courses conform to s. 475.17(2).

(6) Any person operating a real estate school on June 14, 1978, shall not be required to comply with the provisions of this section; however, he shall comply with the requirement of licensure as a broker.

(7) Any course prescribed by the board as a condition precedent to any person's becoming initially licensed as a salesman may be taught in any real estate school through the use of a video tape of instruction by a currently'licensed instructor from any such school; provided any such video tape course shall have a minimum of three classroom hours of live instruction by a currently licensed instructor from any such school. All other prescribed courses, except the continuing education course required by s. 475.182, shall be taught by a currently licensed school instructor personally in attendance at such course. The continuing education course required by s. 475.182 may be taught by an equivalent correspondence course; provided any such course of correspondence shall be required to have a final examination, prepared and ad:ministered by the school issuing the correspondence course. The continuing education requirements provided in this section or provided in any other section in this chapter shall not apply with respect to any attorney who is otherwise qualified under the provisions of this chapter.

(8) Any school instructor who was licensed as a school instructor prior to June 14, 1978, shall not be required to comply with the provisions of this section; however, he shall comply with the requirement of licensure as a broker.

History.-s. 1, ch. 57-817; s. 420, ch. 71-136; s. 3, ch. 76-168; ss. 3, 4, ch. 77-238; s. 1, ch. 77-457; s. 48, ch. 78-95; ss. 1, 3, ch. 78-244; s. 10, ch. 78-366; s. 129, ch. 79-164; ss. 28, 42, 43, ch. 79-239; ss. 1, 3, ch. 80-51.

'Note.-Section 42, ch. 79-239, in effect provides that this section is repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Section 3, ch. 80-51, provides that, if ch. 475 is repealed in accordance with the intent expressed ins. 42, ch. 79-239, it is the intent of the Legislature that ch. 80-51 shall also be repealed on the same date as is therein provided.

1475.4511 Advertising by real estate schools.-

(1) No person representing a real estate school offering and teaching real estate courses under this chapter shall make, cause to be made, or approve any statement, representation, or act, oral, written, or visual, in connection with the operation of the school, its affiliations with individuals or entities of courses offered, or any endorsement of such, if such person knows or believes, or reasonably should know or believe, the statement, representation, or act to be false, inaccurate, misleading, or exaggerated.

(2) A school shall not use advertising of any nature which is false, inaccurate, misleading, or exaggerated. Publicity and advertising of' a real estate school, or of its representative, shall be based upon relevant facts and supported by evidence establishing their truth.

(3) No representative of any school or institution coming within the provisions of this chapter shall promise or guarantee employment or placement of any student or prospective student using information, training, or skill purported to be provided, or

otherwise enhanced, by a course or school' as an inducement to enroll in the school, unless such person offers the student or prospective student a bona fide contract of employment agreeing to employ the student or prospective student.

(4) A school shall advertise only as a school and under the registered name of that school and shall not advertise the school in connection with an advertisement of an affiliated broker, except that a school may advertise jointly in conjunction with an' affiliated broker as long as there is a distinctive separation in the advertisement.

(5) No r~ference may be made in any publication or communication medium as to a "pass/fail ratio" on a state examination by any school approved l;>y the board.

History.-s. 2, ch. 78-244; ss. 29, 42, 43, ch. 79-239; ss. 2, 3, ch. 80-51. 'Note.-Section 42, ch. 79-239, in effect provides that this section is repealed

on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Section 3, ch. 80-51, provides that, if ch. 475 is repealed in accordance with the intent expressed ins. 42, ch. 79-239, it is the intent of the Legislature 'thatch. 80-51 shall also be repealed on the same date as is therein provided.

1475.482 Real Estate Recovery Fund.-There is created the Florida Real Estate Recovery Fund as a separate account in the Professional Regulation Trust Fund.

(1) The Florida Real Estate Recovery Fund shall be disbursed as provided ins. 475.484, on order of the board, as re!mbursemtmt to any person or corporation adjudged by a court of competent jurisdiction to have suffered monetary damages by reason of any of the following acts committed as a part of any transaction involving the sale of real property in this state by any broker or salesman who was licensed under the provisions of this chapter at the time the alleged act was committed:

(a) Any violation of the provisions of this chapter; or

(b) Obtaining money or property by fraud, misrepresentation, deceit, false pretenses, artifice, or trickery or by any other act which would constitute any violation proscribed ins. 475.25.

(2) The Real Estate Recovery Fund shall also be disbursed as provided ins. 475.484, on order of the board, as reimbursement to any broker or salesman who is required by a court of competent jurisdiction to pay money damages due to a distribution of escrow moneys which is made in compliance with an escrow disbursement order issued by the board.

(3) A fee of$3.50 per annum shall be added to the license fee for both new licenses and renewals of licenses for brokers, and a fee of $i.50 per annum shall be added for new licenses and renewals of licenses for salesmen. This fee shall he in addition to the regular license fee and shall be deposited in or transferred .to the Real Estate Recovery Fund. Should the fund at any time exceed $450,000, collection of~pecial fees for this fund shall be discontinued at the end of the 2-year licensing renewal cycle. Such special fees shall not be reimposed unless the fund is reduced below $250,000 by disbursement made in accordance with this chapter.

History.-s. 1, ch. 76-74; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; ss. ·34, 42, 43, ch. 79-239; ss. 3, 5, ch. 80-307.

'Note.-Section 42, ch. 79-239, in effect provides that this section is repealed

663

s. 475.482 1980 SUPPLEMENT TO.FLORIDA STATUTES 1979 s. 476.034

on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Re'gulatory Reform Act of 1976, as amended. Section 5, ch. 80-307, provides that, if s. 475.0ll is repealed in accordance with the intent expressed in s. 42, ch. 79-239, it is the intent of the Legislature that ch. 80-307 shall alao be repealed on the same date as is therein provided.

1475.484 Payment from the fund.-(1) Any person who meets all of the conditions

prescribed in s. 475.482(1) or (2) may apply to the board to cause payment to be made to such person from the Real Estate Recovery Fund:

(a) Under s. 4 75.482(1), in an amount equal to the unsatisfied portion of such person's judgment or $10,000, whichever is less, but only to the extent and amount reflected in the judgment as being actual or compensatory damages; or

(b) Under s. 475.482(2), in an amount equal to the judgment against the broker or salesman or $10,000, whichever is less.

(2) Upon receipt by a claimant under paragraph (1)(a) of payment from Real Estate Recovery Fund, the claimant shall assign his additional right, title, and interest in the judgment, to the extent of such payment, to the board, and thereupon the board shall be subrogated to the right, title, a.nd interest of the claim~nt; and any amount subsequently recovered on the judgment by the board, to the extent of the board's right, title, and interest therein, shall be for the purpose of reimbursing the Real Estate Re-covery Fund. ·

(3) Payments for claims arising out of the same transaction shall be limited, in the aggregate, to $10,000, regardless of the number of claimants or parcels of real estate involved in the kansaction.

(4) Payments for claims based upon judgments against any one broker or salesman shall not exceed, in the aggregate, $20,000.

(5) If at any time the moneys in the Real Estate Recovery Fund are insufficient to satisfy any valid claim or portion thereof, the board shall satisfy such unpaid claim or portion thereof as soon as a sufficient amount of money has been deposited in or transferred to the fund. When there is more than one unsatisfied claim outstanding, such claims shall be paid in the order in which the claims were made.

(6) All payments and disbursements from the Real Estate Recovery Fund shall be made by the Treasure·r upon a voucher signed by the secretary of the department. Amounts transferred to the Real Estate Recovery Fund shall not be subject to any limitation imposed by an appropriation act of the Legislature.

(7) Upon the payment of any amount.from ' the ;Real Estate Recovery Fund in settlement of a claim in satisfaction of a judgment against a broker or salesman as described ins. 475.482(1), the license of such broker or salesman shall be autOmatically revoked. A discharge of bankruptcy shall not relieve a person from the penalties and disabilities provided in this section.

History.-s. 1, ch. 76-74; s. 3, ch. 76-168; s.' 1, ch. 77-174; s. 1, ch. 77-457; ss. 37, 42, 43, ch. 79-239; ss. 4, 5, ch. 80-307.

'Note.-Section 42, ch. 79-239, in effect provides that this section is repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Section 5, ch. 80-307, provides that, if s. 475.011 is repealed in accordance with the intent expressed ins. 42, ch. 79-239, it is the intent of the Legislature that ch. 80-307 shall alao be repealed on the same date as is therein pr<>vided.

476.014 476.034 476.054 476.064

476.074

476.084 476.094

476.104 476.114

476.134 476.154 476.194 476.214

CHAPTER 476

BARBERING

Short title. Definitions. Barbtrs' Board. Organization; headquarters; personnel~

meetings. Legal, investigative, and inspection ser

vices. Receipts; disposition. Florida Barbering Practice Commission;

rules; health and safety standards. Inspections. Qualifications .of applicants for licenses as

barbers. Time, place, and subjects of.examination. Biennial renewal of licenses. Prohibited acts. Grounds for suspending, revoking, or re

fusing to grant license or certificate.

1476.014 Short title.-This act may be cited as the "Barbers' Act."

Hist<>ry.-ss. 1, 28, ch. 78-155; ss. 1, 13, 15, 25, 30, 34, 62, ch. 80-406. 'Note.-Section 28, ch. 78-155, in effect provides that this section is.repealed

on July 1, 1983. and shall be revjewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80-406 shall alao be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall alao be repealed on the same date as is therein. provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall alao be repealed on the same date. as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall alao be repealed qn the sam~ date as is therein provided.

1476.034 Definitions.-As used in this act: (1) "Barbering" means any of the following prac

tices when done for remuneration and for the public, but not when done for the treatment of disease or physical or mental ailments: shaving, cutting, trimming, coloring, shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams, lotions, or other preparations to the face, scalp, or neck, either by hand or by mechanical appliances.

(2) "Barbershop'~ means any place of business wherein the practice of barbering .is carried on.

(3) "Board" means the Barbers' Board. (4) "Department" means the Departl;Ilent of Pro

fessional Regulation. ~t<>ry.-ss. 3, 28, ch. 78-155; ss. 2, 13, 15, 25, 30, 34, 62, ch. 8.0-406.

'Note . ...:section 28, ch. 78-155, in effect provides that this section is repealed on July 1, 1983, and shall be reviewed .bY the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80-406 shall alao be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, ·it is the intent of the Legislature that ch. 80-406 shall alao be repealed on the same date as is therein provided; that, if ch. 465 is repealed in ,accordance with the intent expressed in ch. 79-226, ch. 80-406 shall alao be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of cl;l. 79-330, it is the intent of the Legislature thatch. 80-406 shall alao be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed

664

s. 476.034 1980 SUPPLEMENT T.O FLORIDA STATUTES 1979 s. 476.074

in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance w1th the mtent expressed m the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided.

'476.054 Barbers' -Board.-( I) There is created within the Department of

Professional Regulation the Barbers' 'Board, consisting of seven members who shall be appointed by the Governor, subject to confirmation by the Senate.

(2) Five members ofthe board shall be practicing barbers who have practiced the occupation ofbarbering in this state for at least 5 years. 2The remaining two members of the board shall be citizens of the state who are not presently licensed barbers. No person shall be appointed to the board who is in any way connected with the manufacture, rental, or wholesale distribution of barber" equipment and supplies. No person who is financially or otherwise connected in any capacity with a school of barbering shall be eligible to serve.

(3) Within 30 days after June 30, 1978, the Governor shall appoint ·seven eligible and qualified persons to be members of the board as follows:

(a) Two members for terms of 1 year each. (b) Two members for terms of 2 years each. (c) Three members for terms of 4· years each. (4) Annually thereafter, as the terms of the

members expire, the Governor shall appoint successors for terms of 4 years; and such members shall serve until their successors are appointed and qualified . The Governor may remove any member for cause.

(5) No person shall be appointed to serve more than two consecutiv(;) terms. Any vacancy shall be filled by appointment by the Governor for the unex-pired portion of the term. ·

(6) Each board member shall receive per diem and mileage allowap.ces as provided in s. 112.061 from the place of his residence to the place of meetings and the return therefrom.

(7) Each board member shall be held accountable to the Governor for the proper performance of all duties and obligations of such board member's office. The Governor shall cause to be investigated any complaints or unfavorable reports received concerning the actions of the board or its individual members and shall take appropriate action thereon, which may include removal of any board member for malfeasance, misfeasance, neglect ofduty, commission of a felony, drunkenness, incompetency, or permanent inability to perform his official duties.

History:-ss. 5, 28, ch. 78-155; ss. 3, 13, 15, 25, .30, 34, 62, ch. 80-406. 'Note.-Section 28, ch. 78-155, in effect provides that this section is repealed

on July 1, 1983, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as a!Ilended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 ofch. 78-155, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that; if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is. the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repe!lled in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in acoordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided.

'Note.-See ch. 78-431, which added an additional lay member to each examining and licensing board in the Department of Professional and Occupational Regulation. Also, sees. 2, ch. 79-36, which provides that each board shall have at least two lay members who are not and have never been members of the regulated profession or of any closely related profession. cf.-s. 455.207 Boards; organization; compensation and travel expenses.

1476.064 Organization; headquarters; personnel; meetings.-

(!) The board shall annually elect a chairman and a vice chairman from its number. The board shall maintain its headquarters in Tallahassee.

(2) The department shall appoint or employ such personnel as may be necessary to assist the board in exercising the powers and performing the duties and obligations set forth in this act. Such personnel need not be licensed barbers and shall not be members of the board. Such personnel shall be authorized to do and perform such duties and work as may be assigned by the board.

(3) The board shall hold an annual meeting and such other meetings during the year as it may determine to be necessary. The chairman of the board may call other meetings at his discretion.

(4) The board is authorized to adopt rules in accordance with the provisions of chapter 120 to carry out the provisions of this chapter.

History.-ss. 6, 28, ch. 78-155; ss. 4, 13, 15~ 25, 30, 34,_ 62, ch. 8?-406. 'Note.-Section 28, ch. 78-155, in effect prov1des that this section 1s repealed

on July 1, 1983, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if c~ . . 476 i~ repealed in acc?rdance with the intent expressed ins. 28 ofch. 78-155, 1t lS the mtent of the Leg~slature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed m accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, 1f ch. 310 1s repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided. cf.-s. 455.207 Boards; meetings; quorum.

'476.074 Legal, investigative, and inspection services.-

( I) The department shall provide all legal services needed to carry out the provisions of this act.

(2) The department shall provide all investigative services required by the board or the department in carrying out the provisions of this act.

(3) The department shall provide all inspection services.

History.-ss. 6, 7, 28, ch. 78-155; ss. 5, 13, 15, 25, 30, 34, 62, ch. 80-406. 'Note.-Section 28, ch. 78-155, in effect provides that this section is repealed

on July 1, 1983, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 ofch. 78-155, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the ssme date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provide.d; and that, if ch. 310 is repealed in accordance with the intent expressed m the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same dare as is therein provided.

665


cf.-s. 455.221 Legal and investigative services.

'476.084 Receipts; disposition.-(!) The board, pursuant to chapter 120, shall es

tablish the fees to be charged of applicants for examination and the fees to be charged for the issuance, renewal, restoration, and duplication oflicenses and certificates of registration issued pursuant to this act. Such fees shall not be more than $50 per year and shall be adequate to ensure the continued funding for the purposes provided herein.

(2) All moneys collected by the department from fees authorized by this chapter shall be paid into the Professional Regulation Trust Fund, which fund is created in the department. It is the intent 'of this provision that such fees collected, even to the exhaustion thereof, shall be directly applied by the department for the purposes provided in this act, with particular emphasis being placed upon enforcement of the provisions hereof. The Legislature shall appropriate funds from this trust fund sufficient to carry out the provisions of this chapter. The Legislature may appropriate any excess moneys from this fund to the General Revenue Fund.

History.-ss. ·8, 28, ch. 78-155; ss. 6, 13, 15, 25, 30, 34, 62, ch. 80-406. 'Note.-Section 28, ch. 78-155, in effect provides that this section is repealed

on July 1, 1983, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80-4Q6 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided. cf.-s. 215.37 Department of Professional Regulation and boards to be fi.

nanced from fees collected; moneys deposited in trust fund ; etc. s. 455.219 Fees; receipts; disposition.

476.094 Florida Barbering Practice Com-mission; rules; health and safety standards.-{Repealed by s. 12, ch. 80-406.]

476.104 Inspections.-[Repealed by s. 64, ch. 80-406.]

'476.114 Qualifications of applicants for licenses as barbers.-

(1) Any person is qualified to receive a license to practice barbering who:

(a) Is at least 17 years of age; (b) Has graduated from a licensed barber school;

and (c) Has passed an examination conducted by the

department to determine his fitness to practice bar-bering. ·

(2) An applicant for a license to practice as a barber who fails to pass the whole examination or a part of the examination shall be entitled to take the whole examination or that part of the examination again at its next administration upon filing the appropriate form and paying the required fee.

Hlstory.-ss. 16, 28, ch. 78-155; ss. 7, 13, 15, 25, 30, 34, 62, ch. 80-406. 'Note.-Section 28, ch. 78-155, in effect provides that this section is repealed

on July 1, 1983, and shall be reviewed by the Legislature pursuant to the

Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature · thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed inch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on tlie same date as is therein provided. '

'476.134 'fime, place, and subjects of ~xamination.-

(1) The department shall conduct examinations of applicants for licenses as barbers not less th~n four times each year at Such time and place as the department may determine. The examination of applicants for licenses as barbers shall include both a practical demonstration and a written test.

(2) The board shall adopt rules specifying the areas of competency to be covered by the examin;:ttion. 'Such rules shall include the relative weight assigned in grading each area. All areas tested shall be reasonably related to protection of the public and the applicant's competency to practice barbering in a manner which will not endanger the puplic. The department may employ professional testing services to formulate or to assist in admini13tering the examinations.

(3) The department shall be in charge of administering all the examinations and shall control the personnel assisting iri giving the examinations. The written examination shall be identifiable by number only until completion of the grading process. Each applicant shall be informed of his grade on the examination by the department as soon as practicable.

(4) An accurate record of each examination shall be made; and that record, together with all examination papers, shall be filed with the department and shall be kept for reference and inspection following the examination. The department shall make a record of the grade of each applicant on -each subject covered by that examination, and that grade shall be part of the examination papers to be preserved.

History.-ss. 12, 28, ch. 78-155; ss. 8, 13, 15, 25, 30, 34, 62, ch. 80-406. • Note.-Section 28, ch. 78-155, in effect provides that this section is repealed

on July 1, 1983, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is tlie intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it· is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided. cf.-s. 455.217 Examinations.

'476.154 Biennial renewal of licenses.-(!) ·Each licensed barber who continues in active

practice or service shall, ·during the period July 1 through July 31 of each even-numbered year, renew his license and pay the required fee. Each license

666


which has not been renewed during the month of July in any even-numbered year shall expire on August 1 of that year. Any practitioner licensed under this act who retires from the practice of barbering may renew his license upon payment of the required restoration fee.

(2) Any license or certificate of registration issued pursuant to this act for a period less than the established biennial issuance period may be issued for that lesser period of time, and the department shall adjust the required fee accordingly. The commission shall adopt rules providing for such partial period fee adjustments.

(3)(a) The department shall renew a license upon receipt of the renewal application and fee.

(b) The department shall adopt rules establishing a procedure for the biennial renewal oflicenses.

(c) Any license which is not renewed at the end of the biennium prescribed by the department shall automatically revert to an inactive status. Such license may be reactivated only if the licensee meets the other qualifications for reactivation in paragraphs (d)-(g).

(d) Sixty days prior to the end of the biennium and the automatic reversion of a license to inactive status, the department shall mail notice of renewal and possible reversion to the last-known address of the licensee.

(e) A licensee may request that his license be placed in an inactive status by making application to the department and paying a fee in an amount not to exceed $50 set by the board.

(f) A license which has been inactive for less than 1 year after the end of the biennium prescribed by the department may be renewed pursuant to paragraphs (a)-( c) upon payment of the penalty for late renewal. The renewed license shall expire 2 years after the date the license automatically reverted to inactive status.

(g) A license which has been inactive for more than 1 year may be reactivated upon application to the department. The board shall prescribe, by nile, continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license shall not exceed 12 classroom hours. Any license which is inactive for more than 10 years shall be automatically suspended. One year prior to the suspension, the department shall give notice to the licensee.

History.-ss. 14, 28,' ch. 78-155; ss. 9, 13, 15, 25, 30, 34, 62, ch. 80-406. 'Note.-Section 28, ch. 78-155, in effect provides that this section is repealed

on July 1, 1983, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date

as is therein provided.

1476.194 Prohibited acts.-It is unlawful for any person to:

(1) Engage in the practice ofbarbering without a license as a barber or barber's assistant issued pursuant to the provisions of this act by the department.

(2) Engage in willful or repeated violations of this act or of any of the rules adopted by the board.

(3) Hire or employ any person to engage in the practice ofbarbering unless such person holds a valid license as a barber or registered barber's assistant.

(4) Obtain or attempt to obtain a license for mon-ey other than the required fee or any other thing of value or by fraudulent misrepresentations.

History.-ss. 19, 28, ch. 78-155; ss. 10, 13, 15, 25, 30, 34, 62, ch. 80-406. 'Note.-Section 28, ch. 78-155, in effect provides that this section is repealed

on July 1, 1983, and shall be reviewed by the Legislature pursuant to the Regulatory ·Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accord· ance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided. cf.-s. 455.227 Grounds for discipline; penalties; enforcement.

1476:214 Grounds for suspending, revoking, or refusing to grant license or certificate.-

(!) The board shall have the power to revoke or suspend any license, registration card, or certificate of registration issued pursuant to this act, or to reprimand, censure, deny subsequent licensure of, or otherwise discipline any holder of a license, registration card, or certificate of registration issued pursuant to this act, for any of the following causes:

(a) Gross malpractice or gross incompetency in the practice of bar bering;

(b) Practice by a person knowingly having an infectious or contagious disease; or

(c) Commission of any of the offenses described in s. 476.194.

(2) The board shall adopt rules relating to the suspension or revocation oflicenses or certificates of registration under this section pursuant to the provisions of chapter 120.

(3) The board shall keep a record of its disciplinary proceedings against holders of licenses or certificates of registration issued pursuant to this act.

History.-ss. 21, 28, ch. 78-155; ss. 11, 13, 15, 25, 30, 34, 62, ch. 80-406. 'Note.-Section 28, ch. 78-155, in effect provides that this section is repealed

on July 1, 1983, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accord· ance with the intent expressed inch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accord· ance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; tP,at, if ch. 474 is repealed in accordance with th~ intent expressed in ch. 79-228, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date

667


as is therein provided. cf.-s. 455.227 Grounds for discipline; penalties; enforcement.

477.013 477.015 477.016 477.Q18 477.019

477.021

477.0213

477.022 477.023

477.025

477.026 477.027 477.039

CHAPTER 477

COSMETOLOGY

Definitions. Board of Cosmetology. Rulemaking. Investigative services. Cosmetologists; qualifications; licensure;

license renewal; inactive licenses; endorsement.

Cosmetology instructors; qualifi,cations; licensure; license renewal; inactive licenses.

Cosmetology graduates of Florida School for the Deaf and the Blind; licenses.

Examinations. Schools of cosmetology; licensure; .requi

sites; operation; inspection. Cosmetology salons; requisites; licensure;

inspection. Fees; disposition. Complaints. Specialty licenses; rules.

1477.013 Definitions.-As used in this act: (1) "Board" means the Board of Cosmetology. (2) "Department" means the Department of Pro-

fessional Regulation. (3) "Cosmetologist" means a person who is li

censed to engage in the practice of cosmetology in this state under the authority of this chapter.

( 4) "Cosmetology instructor" means a person who is licensed to teach cosmetology in this state under ,the authority of this chapter. ·

(5) "Cosmetology" means the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, hair relaxing, or hair removing, for compensation.

History.-s. 1, ch. 7S-253; ss. 13, 15, 25, 30, 34, 38, 62, ch. 80-406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80406 respectively provide

that, 1f ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80406 shall also be repealed on the ssme date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed m ch. 79-226, ch. 80406 shall also be repealed on the ssme date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the ssme date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the ssme date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided.

1477.015 Board of Cosmetology.-(!) There is created within the Department of

Professional Regulation the Board of Cosmetology consisting of seven members, who shall be appointed by the Governor, subject to confirmation by the Senate, and whose function it shall be to carry out certain responsibilities assigned in this chapter.

(2) Five members of the board shall be licensed cosmetologists and shall have been engaged in the practice of cosmetology in this state for not less than 5 years. 2Two members of the board shall be lay persons. Each board member shall be a resident of this state and shall have been a resident of this state for not less than 5 continuous years. .

(3) The terms of the board members first appointed shall expire as follows: Two members on January 1, 1980; two members on January 1, 1981; and three members on January 1, 1982. 3 All appointments thereafter shall be for 3-year terms. The Governor may at any time fill vacancies on the board for the remainder of unexpired terms. Each member of the board shall hold over after the expiration of his term until a successor is duly appointed and qualified. No board member shall serve more-than two consecutive terms, whether full or partial.

(4) Before assuming his duties as a board member, each appointee shall take the constitutional oath of office and shall file it with the Department of State, which shall then issue to such member a certificate of his appointment.

(5) The board shall, as soon as organized, and annually thereafter in the month of January, elect from its number a chairman, a vice chairman, and a secretary.

(6) The board shall hold such meetings during the year as it may determine to be necessary, one of which shall be the annual meeting. The chairman of the board shall have the authority to call other meetings at his discretion. A quorum of the board shall consist of not less than four members.

(7) Each member of the board shall receive $50 for each day spent in the performance ·of official board business, with the total annual compensation per member not to exceed $2,000. Additionally, board members shall receive per diem and mileage as provided in s. 112.061, from place of residence to place of meeting and return.

(8) Each board member shall be held accountable to the Governor for the proper performance of all his duties and obligations. The Governor. shall investigate any complaints or unfavorable reports received concerning the actions of the board, or its members, and shall take appropriate action thereon, which action may include removal of any board member. The Governor may remove from office any board member for neglect of duty, incompetence, or unprofessional or dishonorable conduct.

History.-s. 1, ch. 7S-253; ss. 13, 15, 25, 30, 34, 39, 62, ch. 80406. 'Note.--Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 4 76 is repealed in accordance with the intent expressed in s. 28 of ch. 7S-155, it is . the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the · Legislature thatch. 80406 shall also be repealed on'the ssme date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed m ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the interit expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80406 shall also be repealed on the ssme date as is therein provided; that, if ch. 474 is repealed m accordance with the· intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80406 shall also be repealed on the same date as is therein provided. 'Note.-See ch. 7S-431 which added an additional lay member to each exam

ining and licensing board in the Department of Professional and Occupational Regulation. Also, sees. 2, ch. 79-36, which provides that each board with five or more members shall have at least two lay members whO are not and have never been members or practitioners of the regulated profession or of any closely related profession.

668


'Note.-See s. 5, ch. 79·36, which provides that each member of a board. within the Department of Professional Regulation be appointed for a 4·year term. cf.-s. 455.207 Boards; organization; meetings; compensation and travel ex·

penses.

1477.016 Rulemaking.-The board is authorized to adopt such rules not inconsistent with law as inay be necessary to carry out the duties and authority conferred upon the board by this chapter.

History.-s. 1, ch. 78·253; ss. 13, 15, 25, 30, 34, 40, 62, ch. 8().406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 8().406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79·230, it is the intent of the Legislature thatch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79·226, ch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79·330, it is the intent of the Legislature that ch. 80·406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79·228, it is the intent of the Legislature thatch. 8().406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent ex· pressed in the Regulatory Reform Act of 1976, as amended by ch. 77457, or as subsequently amended, it is the intent of tlie Legislature that ch: 8().406 shall also be repealed on the same date as is therein provided. . •

1477.018 Investigative services._:_The department shall provide all investigative services required by the board or the department in carrying out the provisions of this act;

History.-s. 1, ch. 78-253; ss. 13, 15, 25, 30, 34, 41, 62, ch. 80.406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 8().406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent. of the Legislature that ch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed

¥?e~cs1~~~~~~a~~t~ ~34b6~h!ti:f~e:er~~~aJ~ ~~-~~~·s!tt~~ ~~~i~~~~h!r!7~ provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79·226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 8().406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent ex· pressed in the Regulatory Reform A,ct of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80·406 shall also be repealed on the same date as is therein provided. cf.-s. 455.221 Legal and investigative services. ·

1477.019 Cosmetologists; qualifications; li· censure; license renewal; inactive licenses; endorsement.-

(1) Any person is qualified for licensure as a cosmetologist under this chapter who:

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

(b) Has received a minimum of 1,200 hours of training according to standards established by the 2board, which standards shall include, but shall not be limited to, the requirement of completion of services directly related to the practice of cosmetology at a school of cosmetology approved by the department, iri ,a cosmetology program within the public school system, from the Cosmetology Division of the Florida School for the Deaf and the Blind, provided the division meets the standards of this chapter, or from any other government-operated cosmetology program in this state or has met standards established by the board equivalent to such 1,200 hours of training. However, the standards established by the board shall include procedures for certification by. the school of any such person to qualify to take the examination hereinafter. provided once only after the completion of a minimum of 600 actual school hours. If such person then passes the examination, he shall have satisfied this requirement; but if such

person fails the examination, he shall not be qualified to take the examination again until the completion of the full requirements herein provided.

(c) Has received a passing grade on an examina-tion administered by the department. .

(2) Every person desiring to be examined for licensure as a cosmetologist shall apply to the department in writing qpon forms prepared and furnished by the department, after which the applicant may take a department examination.

(3) Upon an applicant passing the examination and paying the initial licensing fee, the department shall issue a license to practice cosmetology.

(4) Renewal of license registration shall be accomplished pursuant to rules adopted by the board. As part of the license renewal procedure, the department may require licensees periodically to demonstrate their current competency 'in cosmetology. These requirements shall be reasonable and shall include, but shall not be limited to, completion of continuing education programs approved by the board.

(5) The board shall also adopt rules establishing provisions for persons to hold inactive licenses and standards for the reactivation of such licenses.

(6) The board shall adopt rules specifying procedures for the licensing of practitioners desiring to be licensed in this state who have been licensed and are practicing in states which have licensing standards substantially similar to, equivalent to, or more stringent than the standards of this state.

History.-s. 1, ch. 78-253; s. 1, ch. 80-132; ss. 13, 15, 25, 30, 34, 42, 62, c\1. 80-406. .

'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance with the intent expreSsed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature 'that ch. 80.406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80.406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent ex· pressed in the Regulatory Reform Act of 1976, as amended by ch. 77457, or as subsequently amended, it is the intent of the Legislature that ch. 80406 shall also be repealed on the same date ~s is therein provided. ·

•Note.-The word uboard" was substituted by the editors for the word "commission" to conform to the other amendments to this section and other sections of ch. 477 by ch. 80.406, the apparent legislative intent of which were' to eliminate the Florida Cosmetology Practice Commission and provide for the assumption of its duties by the Board of Cosmetology. cf.-s. 455.203 Pepartment of Professional Regulation; renewal of licenses.

s. 455.213 General Licensing provisions. s. 455.217 Examinations.

1477.021 Cosmetology instructors; qualifications; licensure; license renewal; inactive li· censes.-

(1) The board shall adopt rules governing the experience, training, and competency necessary for licensure of cosmetology instructors and establishing an examination for applicants seeking licensure under this chapter as cosmetology instructo.rs.

(2) Any person is qualified for licensure under this chapter as a cosmetology instructor who: ·

(a) Meets the standards for experience, training, and competency established under subsection (1).

(b) Holds an active or inactive practitioner's license in the state.

(c) Has received a passing grade on the examination established under subsection (1).

669


(3) Every person seeking licensure as a cosmetology instructor under this chapter shall apply to the department in writing upon forms prepared and furnished by the department and shall pay an applicatiOI~ fee, which fee shall accompany the application.

(4) When the applicant meets the requirements of subsections (1), (2), and (3), the department shall issue to the applicant a cosmetology instructor's license.

(5) When an applicant for licensure as a cosmetology instructor under this chapter fails to meet the requirements herein, the departn1ent shall deny the application in writing and shall list the specific requirements not met. No applicant denied licensure because of failure to meet the requirements herein shall be precluded from reapplying for liceq.sure.

(6) Renewal of license registration shall be accomplished pursuant to rules adopted by the board. As part of the license renewal p:rqcedure, the board shall require licensees periodically to demonstrate their current competency iri the teaching of cosmetology. Such requirements shall be reasonable and shall include, but shall not be limited to, completion of continuing education programs approved by the board. The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal.

(7) The board may .also adopt rules establishing provisions for cosmetology instructors licensed under this chapter to hold inactive licenses and standards for the reactivation of such licenses.

(8) No cosmetology instructor licensed under this chapter shall be required to continue or renew the cosmetologist's license required in paragraph (2)(b) in order to practice cosmetology, as long as his license as a cosmetology instructor remains active. However, any person holding an inactive cosmetology instructor's license under this chapter, in order to practice cosmetology, shall be required to hold an active cosmetologist's license.

History.-s. 1, ch. 78-253; s. 2, ch. 80-132; ss. 13, 15, 25, 30, 34, 43, 62, ch. 8().406.

'Note.-Sections 13, 15; 25, 30, 34, and 62 of ch. 8().406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79·230, it is the intent of the Legislature thatch. 8().406 shall also be repealed on the same date as is. therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80.406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 8().406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent ex· pressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 8().406 shall also be repealed on the same date as is therein provided. cf.-s. 455.203 Department of Professional Regulation; renewal of licenses.

s. 455.213 General licensing provisions. s. 455.217 Examinations.

477.0213 Cosmetology graduates of Florida School for the Deaf and the Blind; licenses.-The department shall license candidates upon graduation from the Cosmetology Division of the Florida School for the Deaf and the Blind. The department shall, by rule, provide fees for licenses issued to candidates from the Cosmetology Division of the Florida School for the Deaf and the Blind and shall also

provide, by rule, for the type of licenses to be issued and for any required 'applications ..

History.-s. 3, ch. 80-132.

1477.022 Examinations.-(!) The board shall specify by rule the general

areas of competency to be covered by examinations for the licensing under this chapter of cosmetologists and cosmetology instructors. The rules shall include the relative weight assigned in grading each area, the grading criteria to be used by the examiner, and the score necessary to achieve a passing grade. The board shall ensure that examinati.ons adequately measure bot}l an applicant's competency and_ his knowledge of related statutory requirements. Professional testing services may be utilized to formulate the examinations.

(2) The board shall ensure that examinations comply with state and federal equal employment opportunity guidelines. · ·

(3) The department shall, in accordance with rules established by the board, examine persons. who file applications for licensure under this chapter in all matters pertaining to the practice of cosmetology. A written and practical examination shall be given at least once yearly and at such other times as the department shall deem necessary.

(4) The department shall, in accordance with rules established by the board, examine persons who file application for licensure under this chapter as cosmetology instructors. The examination shall be given at least once yearly and at such other times as the department shall deem necessary.

(5) The board shall adopt rules providing for reexamination of applicants who have failed the examinations.

(6) All licensing examinations shall be conducted in such manner that the applicant shall be known to the department by number orily until his examination is completed and the proper grade determined. An accurate record of each examination shall be made; and that record, together with all examination papers, shall be filed with the secretary of the department and shall be kept for reference and inspection for a period of not less than 2 years immediately following the examination.

Hlstory.-s. 1, ch. 78-253; ss. 13, 15, 25, 30, 34, 44, 62, ch. 80-406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 8().406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Lej!islature that ch. 80-406 shall also be repealed on the same date as is therem provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 8().406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80.406 shall also be repealed on the same date as is therein provided; that, if ch."474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80.406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 8().406 shall also be repealed on the same date as is therein provided. cf.-s. 455.217 Examinations.

1477.023 Schools of cosmetology; licensure; requisites; operation; inspection.-

(!) No school of cosmetology shall be permitted to operate without a license issued by the department. However, nothing herein shall be construed to prevent certification by the Department of Education of cosmetology training programs within the

670

s. 477.023 1980 SUPPLEMENT TO FLORIDA·STATUTES 1979 s. 477.025

public school system or to prevent government operation of any other program of cosmetology in this state.

(2) The board shall adopt rules governing the licensure and operation of schools, required and optional curricula, instructors, facilities, safety and sanitary requirements, financial responsibility to students and the public, insurance coverage, contractual agreements, the license application and granting process, and school closings.

(3) Any person, firm, or corporation, other than the Department of Education, the public school system, or any other governmental entity in this state, desiring to operate a school of cosmetology shall submit to the department an application upon forms provided by the department, such application to be accompanied by:

(a) A surety bond issued by the applicant as a principal and by a surety company as surety in an amount to be set by nile by the board, at no less than $10,000 or no more than $25,000, and payable to the state, such bond to continue in full force and effect for the lifetime of the school.

cosmetology regulated herein shall be accomplished pursuant to rules adopted by the board. The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal.

(9) The board is authorized to adopt rules governing the periodic inspection of schools of cosmetology licensed under this chapter.

(10) Any school of cosmetology licensed under this chapter which closes shall transfer all student records to the department, which shall keep such records on file for a period of no less than 2 years.

History.-s. 1, ch. 78-253; ss. 13, 15, 25, 30, 34, 45, 62, ch. S0-406. 'Note.--Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 4 76 is repealed in accordance with the intent expressed in s. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80-406 ·shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed ins. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repeale.d in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided. cf.-s. 455.213 General licensing provisions.

(b) Proof of ownership of or lease agreement for a building to house the school, together with a description of the building's location, size, and facilities and a floor plan of said building. 1477.025 Cosmetology salons; requisites; li-

(c) A statement of the ownership structure of the censure; inspection.-proposed school, including names and addresses of (1) No cosmetology salon shall be permitted to stockholders, partnership alignment, and corporate operate without a license issued by the department. status, if applicable. (2) The board shall adopt rules governing the li-

(d) A statement of the proposed curriculum and censure and operation of salons and their facilities, number of instructors, safety and sanitary measures personnel, safety and sanitary requirements, finanand equipment to be used, and insurance coverage cial responsibility, insurance coverage, and the li-r cense application and granting process. 10r the proposed school. (3) Any person, firm, or corporation desiring to

(e) A statement covering provisions for financial operate a cosmetology salon in the state shall submit responsibility and contractual agreements. ·

(f) A description of the proposed system for han- to the department an application upon forms provided by the department and accompanied by any rele-

dling student records and transcripts. vant information requested by the department and (g) Any other relevant information requested by by an application fee.

the department. (4) Upon receiving the application, the depart-(h) An application fee determined by the department may cause an investigation to be made of the

ment. · proposed cosmetology salon. (4) Upon receiving the application, the depart- (5) When an applicant fails to meet all the re-

ment may cause an investigation to be made of the quirements provided herein, the department shall proposed school of cosmetology. deny the application in writing and shall list the

(5) When an applicant fails to meet all require- specific requirements not met. No applicant denied ments provided herein, the department shall deny licensure because of failure to meet the requirethe application in writing and shall list the specific ments herein shall be precluded from reapplying for requirements not met. No applicant denied licensure licensure. because of failure to meet the requirements herein (6) When the department determines that the shall be precluded from reapplying for licensure. proposed cosmetology salon may reasonably be ex-

(6) When the department determines that the pected to meet the requirements set forth herein, the proposed school of cosmetology may reasonably be department shall grant the license upon such condiexpected to meet the requirements set forth herein, tions as it shall deem proper under the circumthe department shall grant the license upon such stances and upon payment of the original licensing conditions as it shall deem proper under the circum- fee. stances and upon payment of the original licensing (7) No license for operation of a cosmetology sa-fee. lon may be transferred from the name ofthe original

(7) No license for operation of a school of cosme- licensee to another. It may be transferred from one tology may be transferred from the name of the orig- location to another only upon approval by the deinallicensee to another. It may be transferred from partment, which approval shall not be unreasonably one location to another only upon approval by the withheld. department, which approval shall not be unreasona- (8) Renewal oflicense registration for cosmetolo-bly withheld. gy salons shall be accomplished pursuant to rules

(8) Renewal of license registration for schools of adopted by the board. The board is further author-

671

s. 477.025 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. "480.033

ized to adopt rules governing delinquent renewal of licenses and may impose penalty fees for delinquent renewal. '

(9) The board is authorized to adopt rules governing the periodic inspection of cosmetology salons licensed under this chapter.

History.-s. 1, ch. 78-253; ss. 13, 15, 25, 30, 34, 46, 62, oh. 80-406. ' 'Note.-Sections 13, 15, 25, 30, 34, a,nd 62 of ch. 80-406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155; it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accQrdance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided. cf.-s. 455.213 General licensing provisions.

1477.026 Fees; disposition.-(!) The board shall set fees according to the fol

lowing schedule: (a) For cosmetologists and cosmetology instruc

tors, fees for examination, reexamination, reciprocity application, original licensing, license renewal, and delinquent renewal shall not exceed $25.

(b) For schools of cosmetology regulated under this chapter, fees for license application, original licensing, license renewal, and delinquent renewal shall not exceed $300.

(c) For students at schools of cosmetology licensed under this chapter, the enrollment permit fee shall not exceed $15. ·

(d) For cosmetology salons, fees for license application, original licensing, license renewal, and delin-quent renewal shall not exceed $50. ·

Such fees shall be set at levels adequate to ensure the continued funding for the purposes provided herein.

(2) The department is authorized to charge the cost of any original license issuance or per,mit issuance fee set herein for the issuance of any duplicate license requested by any cosmetologist, cosmetology instructor, school of cosmetology, or cosmetology salon, or of any duplicate student enrollment permit requested by any student, to whom the original license or permit was granted.

(3) All moneys collected by the department from fees authorized by this chapter shall be paid into th~ Professional Regulation Trust Fund, which fund is created in the department. It is the intent of this provision that ·such fees collected, even to the exhaustion thereof, shall be directly applied by the department for the purposes provided in this act, with particular emphasis being placed upon enforcement of the provisions hereof. The Legislature shall appropriate funds from this trust fund sufficient to carry' out the provisions of this chapter. The Legislature may appropriate any excess moneys from this fund to the General Revenue Fund.

(4) The department, with the advice of the board, shall prepare and submit a proposed budget in accordance with law. . History.-s. 1, ch. 78-253; ss. 13, 15, 25, 30, 34, 47, 62, ch. 80-406.

' Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide that, if ch. 476·is repealed in accordance with the intent expressed ins. 28 of

ch. 78-155, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, Cb. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 4~ is repealed in accordance with the intent expressed in s.-3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the .same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the -intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided. cf.-s: 455.219 Fees; receipts; disposition.

477.027 Complaints.-{Repealed by s. 48, ch. 80-406.]

1477.039 Specialty licenses; . rules.-The Department of Professional Regulation shall have the authority to adopt rules in accordance with chapter 120, extending for up to 1 year from January 1, 1979, any specialty licenses described in s. 477.06 and in effect on January 1, 1979. The department is further authorized to adopt rules in accordance with chapter 120 to provide for the phasing out or the upgrading of such specialty licenses.

History.-s. 5, ch. 78-253; ss. 13, 15, 25, 30, 34, 49, 62, ch. 80-406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided.

480.033 480.035 480.037 480.038 480.041

480.042 480.043

480.044 480.045 480:052

CHAPTER 480

MASSAGE PRACTICE

Definitions. Board of Massage. Rulemaking. Legal services. Masseurs; qualifications; licensure; license

.renewal; endorsement. Examinations. Massage establishments; requisites;' licen-

sure; inspection. Fees; disposition. Complaints. Power of county or municipality to regu

late massage.

1480.033 Definitions.-As used in this act: (1) "Board" means the Board of Massage. (2) "Department" means the Department of Pro- ·

fessional Regulation. (3) "Massage" means the manipulation of the

superficial tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or

672


any electrical or mechanical device, or the application to the human body of a chemical or herbal preparation.

(4) "Masseur~' means a person, including a. masseuse, certified as required by this act, who administers massage for compensation. . ,

(5) "Apprentice" means a person approved by the board to study massage under the instruction of a licensed masseur. '. ·- . .

(6) "Establishment" means a site or premises, or portion thereof, upon which a masseur practices massage.

(7) "Licensure" means the procedure by which a person, hereinafter referred to as a "practitioner," applies for approval by the board to-operate an establishment, review by the board of such application, and action by the l;loard on such application, as provided in this act and by rule of the board.

Hlstory.-s. 3, ch. 78-436; ss. 13, 15, 25, 30, 34, 50, 62, ell, 80-406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that 0h. 80-406 shall also be repealed on' the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expre"""d in ch. 79-228 •. it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with .the intent expressed in the Regulatory Reform Act of 1976, as amended by ~h. 77-457, or. as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided.

1480.035 Board, of Massage.-(1) The Board of Massage is created within the

Department of Professional Regu:lation; The board shall consist of seven members, who shall be appointed by the Governor and whose function it shal.l be to carry out the provisions of this ac.t.

(2) Five members of the board shall be licensed masseurs and shall have been practicing massage for not less than 5 consecutive years prior to the date of appointment to the board. The Governor shall appoint each member for a term of 4 years. ,"Two members of the board shall be lay persons. Each board member shall be a high school .graduate or shall have received a graduate equivalency diploma. Each board member shall be a citizen of the United States and a resident of this state for not less than 5 years. Upon this act becoming law, the Governor shall

. make appointments to the board as herein provided. The appointments will be subject to confirmation by the Senate. ·

(3) The terms of the initial members appointed to the board shall exp~re as follows: Two m~mbers shall serve until January 1, 1980; two members shall serve until January 1, 1981; and · three members sha.ll serve until January 1, 1982. All appointments thereafter shall be for 4-year terms. The Governor may at any time fill vacancies on the board for the remainder of unexpired terms. Each member of the board shall hold over after the expiration of his term until his successor shall have been duly appointed and qualified. No board member shall serve more than two terms, whether full or partial.

(4) Immediately, and before entering upon his duties as a board member, an appointee shall take the constitutional oath of office and shall file the

sanie with the Department of State, which shall then issue to that member a certificate of his appointment.

(5) The board shall, as soon as organized and annually thereafter in the month of January, elect from its number a chairman and a vice chairman.

(6) The board shall hold such meetings during the year as it may .determine to be necessary, one of which shall be the annual meeting. The chairman of the board shall have the authority to call other meetings at his discretion. A quorum of the board shall consist of not less than four members.

(7) Boa:r:d members shall receive per diem and mileage as provided in s. I-12.061 from the place of residence t<? the place of meeting and return. ·

(8) The board shall promulgate such rules as are necessary to implement this chapter.

Hlstory.-s. 5, eli. 78-436; ss. 13, 15, 25, 30, 34, 51, 62, ch. 80-406. 'Note.-Sections 13, 15, 25, 30, 34, ana 62 of ch. 80-406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it "is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that. if ch. 459 is repealed in accordapce with the il)tent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed ins. 3 of ch. 79-330, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordimce with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided.

11Note.-See ch. 78-431, which added an additional lay member to each examining and licensing board in the Department of Professional and Occupational Regulation. Also, sees. 2, ch. 79-36, which provides that each board with five or more members shall have at least two members who are not and have never been members or practitioners of the regulated profession or of any closely related profession. cf.-s. 455.207 Boards; organization; meetings; compensation and travel ex

penSes.

480.037 Rulemaking.~Repealed by s. 63, ch. 80-406.]

480.038 Legal services.-[Repealed by s. 63, ch. 80-406.]

1480.041 Masseurs; qualifications; licensure; license renewal; endorsement.-

(!) Any person is qualified for licensure as a masseur under this act who:

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

.(b) Has completed a course of study at a stateapproved massage school or has completed an apprenticeship program. . ·

(c) Has received a passing grade on an ex~up.ination administered by the department.

(2) Every person desiring to be examined for licensure as a masseur shall apply to the department in writing upon forms prepared and furnished by the department, after which the applicant may take a department examination.

(3) Upon an applicant's passing the examination and paying the initial licensing fee, the department shall issue a license to practice massage to the applicant.

(4) Renewal of license registration shall be accomplished pursuant to rules adopted by the board. As part of the license renewal procedure, the depart.ment shall periodically require licensees to demon-

673


strate their current competency in massage. These requirements shall be reasonable and shall include, but shall not be limited to, attendance at continuing education programs and reexamination.

(5) The board also shall adopt rules establishing a minimum training program for apprentices.

(6) The board shall adopt rules specifying procedures for the licensing of practitioners desiring to be licensed in this state who have been licensed and are practicing in states which have licensing standards substantially similar to, equivalent to, or more stringent than the standards of this state.

Hlstory.-s. 10, ch. 78-436; ss. 13, 15, 25, 30, 34, 52, 62, ch. 80-406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 4 76 is repealed in accordance with the intent expressed in s. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80..406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as ame11ded by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided. cf.-s. 455.203 Department of Professional Regulation; renewal of licenses.

s. 455.213 General licensing provisions. • s. 455.217 Examinations.

1480.042 Examinations.-(!) The board shall specify by rule the general

areas of competency to be covered by examinations for licensure. These rules shall include the relative weight assigned in grading each area, the grading criteria to be used by the examiner, and the score necessary to achieve a passing grade. The board shall ensure that examinations. adequately measure both an applicant's competency and his knowledge of related statutory requirements. Professional testing services may be utilized to formulate the examinations.

(2) The board shall ensure that examinations comply with state and federal equal employment opportunity guidelines.

(3) The department shall, in accordance with rules established by the board, examine persons who file applications for licensure under this act in all matters pertaining to the practice of massage. A written and a practical examination shall be offered at least once yearly and at such other times as the department shall deem necessary.

( 4) The board shall adopt rules providing for reexamination of applicants who have failed the examination.

(5) All licensing examinations shall be conducted in such manner that the applicant shall be known to the department by number until his examination is completed and the proper grade determined. An accurate record of each examination shall be made; and. that record, together with all examination papers, shall be filed with the secretary of the department and shall be kept for reference and inspection for a period of not less than 2 years immediately following the examination.

Hlstory.-s. 11, ch. 78-436; ss. 13, 15, 25, 30, 34, 53, 62, ch. 80-406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of _.

ch. 78-155, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is. repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 ihepealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall aJso be repealed on the same date as is therein provided. cf.-s. 455.217 Examinations.

1480.043 Massage establishments; requisites; licensure; inspection.-

(!) No massage establishment shall be allowed to operate without a license granted by the department in accordance with rules adopted by the board.

(2) The board shall adopt ruies governing the operation of establishments and their facilities, personnel, safety and sanitary requirements, financial responsibility, insurance coverage, and the license application and granting process.

(3) Any person, firm, or corporation desiring to operate a massage establishment iri the state shall submit to the department an application, upon forms provided by the department, accompanied by any information requested by the department and an application fee.

(4) Upon receiving the application, the department may cause an investigation to be made of the proposed massage establishment.

(5) If, based upon the application and any necessary investigation, the department determines that the proposed establishment would fail to meet the standards adopted by the board under subsection (2), the department shall deny the application for license. Such denial shall be in writing and shall list the reasons for denial. Upon correction of any deficiencies, an applicant previously denied permission to operate a massage establishment may reapply for licensure.

(6) If, based upon the application and any necessary investigation, the department determines that the proposed massage establishment may reasonably be expected to meet the standards adopted by the department under subsection (2), the department shall grant the license under such restrictions as it shall deem proper as soon as the original licensing fee is paid. ·

(7) Once issued, no license for operation of a massage establishment may be transferred from one person to another or from one corporation to another. It may be transferred from one location to another only upon approval by the department. .

(8) Renewal of license registration for massage establishments shall be accomplished pursuant to rules adopted by the board. The board is further authorized to adopt rules governing delinquent renewal of licenses and may impose penalty fees .for delinquent renewal.

(9) The board is authorized to adopt rules governing the periodic inspection of massage establishments licensed under this act.

Hlstory.-s. 12, ch. 78-436; ss. 13, 15, 25, 30, 34, 54, 62, ch. 80-406. 1 Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 4 76 is repealed in accordance with the intent expressed in s. 28 of

674 ,.


ch. 78-155, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date' as is therein provided. cf.-s: 455.213 General licensing provisions.

'480.044 Fees; disposition.-(!) The board shall set fees according to the fol

lowing schedule: (a) Application fee: not to exceed $75. (b) Licensure of an establishment: not to exceed

$50. (c) Renewal fee for an establishment: not to ex

ceed $25 annually. (d) Renewal fee or licensure of practitioner: not

to exceed $37.50 annually. · (e) Reexamination fee: not to exceed $37.50. (f) Fee for apprentice: not to exceed' $40. (2) The department shall impose a late fee of$15

on a delinquent renewal. (3) The department is authorized to charge the

cost of any original license issuance or permit issuance fee set herein for the issuance of any duplicate license requested by any masseur or massage establishment.

(4) All moneys collected by the department from fees authorized by this act shall be paid into the Professional Regulation Trust Fund in the department.

(5) It is the intent of this section that any fees collected shall be directly applied by the department for the purposes provided in this act, with particular emphasis being placed upon use of such fees for enforcement of the provisions hereof. The Legislature shall appropriate funds from this trust fund sufficient to carry out the provisions of this act. The Legislature also may appropriate any excess moneys from this fund to the General Revenue Fund.

(6) The department, with the advice of the board, shall prepare and submit a proposed budget to the Legislature in accordance with law.

History.-s. 13, ch. 78-436; ss. 13, 15, 25, 30, 34, 55, 62, ch. 80-406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 ~espectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if-ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the iptent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ~h. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided. cf.-s. 455.219 Fees; receipts; disposition.

406.]

'480.052 Power of -county or municipality to regulate massage.-A county or municipality, within its jurisdiction, may regulate persons andestablishments licensed under this chapter. Such regulation shall not exceed the pow.ers of the state under this act or be inconsistent with this act. This section shall not be construed to prohibit a county or municipality from enacting any regulation of persons or establishments not licensed pursuant to this act.

History.-s. 20, ch. 78-436; ss. 13, 15, 25, 30, 34, 56, 62, ch. 80-406. ' Note.-Sections 13, 15,. 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed in s. 28 of ch. 78-155, it is the intent of the Legislatu~e that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed ins. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent ex· pressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided.

CHAPTER 481

ARCHITECTURE AND LANDSCAPE ARCHITECTURE

481.306 481.323 481.329

PART II

LANDSCAPE ARCHITECTURE

Authority to make -rules. Prohibitions; penalties. Exceptions; exemptions from licensure.

'481.306 Authority to make rules.-The board may adopt such rules, not inconsistent with law, as may be necessary to carry out the duties and authority conferred upon the board by this chapter and as may be necessary to protect the health, safety, and welfare of the public.

History.-s. 1, ch. 80-218; ss. 13, 15, 25, 30, 34, 62, 65, ch. 80-406. 'Note.-Sections 13, 15, 25, 30, 34, and 62 of ch. 80-406 respectively provide

that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed in s. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that ch. 80-406 shall also be repealed on the same date as is therein provided.

'481.323 Prohibitions; penalties.(!) No person shall knowingly: (a) Practice landscape architecture unless the

person is a holder of a valid license issued pursuant to this act;

480.045 (b) . Use the name or title "landscape architect,"

"landscape architecture," or ~' landscape architectur-Complaints.-{Repealed by s. 63, ch. 80-

675


al," or words to that effect, or advertise any title dr description tending to convey the impression that he is a landscape architect when he is not then the holder of a valid license issued pursuant to this act;

(c) Present as his own the license of. another; (d) Give false or forged evidence to the board or

a member thereof for the purpose of obtaining a license;

(e) Use or attempt to use a landscape architect license which has been .· suspended, revoked, ·or placed on inactive status;

(f) Employ unlicensed persons to practice land-scape architecture; ' · · .

(g) Aid and abet an unauthorized person in the practice of landscape architecture; or

(h) Conceal information relative to violations of this act. '

(2) Any person who violates any provision of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Hlstory.-ss. 14, 18, ch. 79-407; s. 2, ch. 80-218; ss. 13, 15, 25, 30, 34, 62, 66, ch. 80406.

'Note.-Section 18, ch. 79-407, in effect provides that this section is repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976. Sections 13, 15, 25, 30, 34, and 62 of ch. 80406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed ins. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date a8 is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided.

1481.329 Exceptions; exemptions from licensure.-

(1) None of the provisions of this act-shall prevent employees of those lawfully practicing as landscape architects from acting under the instructions, control, or supervision of their emp}oyers. ·

(2) None of the provisions ofthis act shall apply to supervision by builders or superintendents employed by such builders in the installation of landscape projects by landscape contractors.

(3) This act shall not be deemed to prohibit any person from making any plans, drawj.ngs, or specifications for any real or personal property owned by him so long as he does not use the title, term, or designation "landscape architect," "landscape architectural," "landscape architecture," "landscape engineering," or any description tending to convey the impression that he is a landscape' architect, unless he is registered as provided in this part or is exempt from registration under the provisions of this part.

(4) This part shall npt be deemed to prohibit any nurseryman, nursery stock dealer, or agent as defined by chapter 581 who is required under chapter 581 to hold a valid license issued by the Division of Plant Industry of the Department of Agriculture and Consumer Services and who does hold a valid license to engage in the business of selling nursery stock in this state, insofar as he engages in the preparation of plans or drawings as an adjunct to merchandising his product, so long as he does not use the

title, term, or designation "landscape architect," "landscape : architectural,': "landscape architecture," "landscape engineering," or any description tending to convey the impression that he is a landscape architect unless he is registered as provid~d in this part or is exempt from registration under the provisions of this part.

(5) This part shall not be construed to affect chapter 467, chapter 471, chapter 472, or chapter 492, respectively, except that no such person spall use the designation or term "landscape architect," "landscape architectural," "landscape architecture," "landscape engineering," or any description tending to convey the impression that he is a landscape architect, unless he is registered as pr.ovided in this act.

(6) Persons who perform landscape architectural services not for compensation, or in their capacity as employees of state or local governments, shall not be required to be licensed pur~uant to this act.

(7) Nothing herein contained under this act shall preclude, pursuant to law, the preparation of comprehensive plans or the practice of comprehensive urban or rural planning at the local, regional, or state level by persons, corporations, partnerships, or associations who are not licensed or registered as landscape architects.

History.-ss. 11, 18, ch. 79-407; s. 3, ch. 80-218; ss. 13, 15, 25, 30, 34, 62, 67, ch. 80-406. .·

'Note.-Section '18, ch. 79-407, in effect provides that this section is repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976. Sections 13, 15, 25, 30, 34, and 62 of ch. 80406 respectively provide that, if ch. 476 is repealed in accordance with the intent expressed ins. 28 of ch. 78-155, it is the intent of the Legislature thatch. 80406 shall also be repealed on the same date as is therein provided; that, if ch. 459 is repealed in accordance with the intent expressed in ch. 79-230, it is the intent of the Legislature thatch. 80-406 shall also be repealed on the same date as is therein provided; that, if ch. 465 is repealed in accordance with the intent expressed in ch. 79-226, ch. 80406 shall also be repealed on the same date as is therein provided; that, if ch. 466 is repealed in accordance with the intent expressed ins. 3 of ch. 79-330, it is the intent of the Legislature thatch. 80406 shall also be repealed on the same date as is therein provided; that, if ch. 474 is repealed in accordance with the intent expressed in ch. 79-228, it is the intent of the Legislature thatch. 80406 shall also be repealed on the same date as is therein provided; and that, if ch. 310 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. &0-406 shall also be repealed on the same date as is therein provided.

CHAPTER 484

OPTICIANS

484.008 Renewal of license.

1484.008 Renewal of license.-(1) The department shall renew a license upon

receipt of the renewal application and the fee set by the board not' to exceed $250. .

(2) ·The department shall adopt rules establishing a procedure for the biennial renewal oflicenses.

(3) Any license which is not renewed at the end of the biennium prescribed by the department shall automatically revert to an inactive st~tus. Such license may be reactivated only if the licensee meets the other qualifications for the reactivation in s. 484.009. .

(4) Sixty days prior to the end ·of the biennium and automatic reversion of a license to inactive status, the department shall mail a notice of renewal

676

s. 484.008 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s~ 489.105

and possible reversion to the last-known address of the licensee.

(5) The board may by rule prescribe continuing education, not to exceed 20 hours biennially, as a condition for renewal of a license or certificate. The criteria for such programs or courses shall be approved by the board and the department. All education programs which contribute to the advancerp.ent, extension, or enhancement of professional skills and knowledge, whether conducted by a nonprofit .or a profit-making entity, are eligible for approval.

HiBtory.-ss. 1, 5, ch. 79-275; s. 4, ch. 80-291. 'Note.-Section 5, ch. 79-275, in effect provides that this section shall stand

repealed on July 1, 1985, and shall be re.viewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

CHAPTER 489

CONTRACTING

PART I

CONSTRUCTION CONTRACTING

489.105 Definitions. 489.107 Construction Industry Licensing Board. 489.113 Qualifications for practice; restrictions. 489.127 Prohibitions; penalties.

'489.105 permitions.--As used ·in this act: (1) "Board" means the Construction Industry Li

censing Boarq. (2) "Department" means the Department of Pro

fessional Regulation. · (3) "Contractor" means the person who is quali

fied for and responsible for the entire project contracted for and means, except as exempted in this act, the person who, for compensation, undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others. Contractors are subdivided into two divisions, Division I, consisting of those contractors defined in paragraphs (a)-(c), and Division II, consisting of those contractors defined in para-graph& (d)-(m): . .

(a) "General contractor" means a contractor whose services are unlimited as to the type of work which he may do, except as provided in this act,

(b) "Building contractor" means a contractor whose services are limited to construction of commercial buildings and single-dwelling or multipledwelling residential buildings, which co~mercial or residential buildings do not exceed three stories in height, and accessory use structures in connection therewith or a contractor whose services are limited to remodeling, repair, or improvement ofany size building if the services do not affect the structural members of the building.

(c) "Residential contractor" means a contractor whose services are limited to construction, remodeling, repair, or improvement of one-family, two-family, oi: three-family residences not exceeding two sto-

ries in height and accessory use structures in connection therewith.

(d) "Sheet metal contractor" means a contractor whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill necessary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, conditioning, adjustment, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or nonferrous metal work ·Of U. S. No .. 10 gauge or its equivalent or lighter gauge and of other materials used in lieu thereof and of air-handling systems including the setting of air-handling equipment and reinforcement of same and including the balancing of air-handling systems.

(e) "Roofing contractor" means a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds ofroofing and waterproofing.

(f) "Dlass A air conditioning contractor" means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ve11tilating 2systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-distribution sys.tem, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equipment used in connection therewith and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, and installation of a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable waterlines or connections thereto, sanitary sewer lines, swimming pool piping and filters, ·or electrical power wiring.

(g) "Class B air conditioning contractor" means f.!.ny person whose. services are limited to 25 tons of cooling and 500,000 Btu of heating in any one system in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabri~ate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating 2systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor as is necessary to make complete an airdistribution system being installed under this classificatioq, and to install; maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, and installation of a condensate drain from an air conditioning unit to an existing safe waste or othe'r ap-

677


proved disposal other than a direct connection to a sanitary system.

(h) "Class C air conditioning contractor" means any person whose business is limited to the servicing of air conditioning, heating, or refrigeration systems, including duct alterations in connection with those systems he is servicing.

(i) "Mechanical contractor" means any person whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating 2systems, including duct work in connection with a complete system only to the extent such duct work is performed by the contractor a.s is necessary to make complete an air-distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in connection therewith and to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel transmission lines, and installation of a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contn~ctor shall also include any excavation work incidental theretq, but shall "not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable waterlines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or ~lectrical power wiring.

(j) "Commercial pool contractor" means any person whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any swimming pool, whether public, private, or otherwi!le, regardless of use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steelwork, installation of light niches, pouring of floors, guniting, fiberglassing, installation of tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, pouring of decks, construction of equipment rooms or housing for pool equipment, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system or to potable waterlines.

(k) "Residential pool contractor" means any person whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servicing of any residential swimming pool, regardless of use. The scope of such work includes layout, excavation, operation of construction pumps for dewatering purposes, steelwork, installation oflight niches, pouring of floors, guniting, fiberglassing, installation of tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of

the interior, pouring of decks, installation of housing for pool equipment, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system or to potable waterlines.

(l) "Swimming pool servicing contractor" means any person whose scope of work involves the servic~ng, repair, water treatment, and maintenance of any swimming pool, whether public or private. The scope of such work may include any necessary piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessary. The scope of such work includes the reinstallation of tile and coping, repair and replacement of all piping, filter equipment, and chemical feeders of any type, replastering, repouring of decks, and reinstallation or addition of pool heaters.

(m) "Plumbing contractor" means any person whose services are unlimited in the. plumbi"ng trade and who has the experience, knowledge, and skill necessary for the installation, maintenance, extension, and alteration of all piping fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system, and the public or private water supply systems, within or adjacent to any building, structure, or conveyance, including the practice and materials used in the installation, maintenance, extension, or alteration ·or the storm water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. .

(4) "Qualifying. agent" means a person who possesses the requisite skill, knowledge, and experience to supervise, direct, manage, and control the contracting activities of the business entity with which he is connected and whose technical and personal qualifications have been determined by investigation and examination as provided in this act, as attested by the department.

(5) !'Contracting" means, except as exempted in this act, engaging in business as a contractor.

(6) "Certificate" means a certificate of competency issued by the department as provided in this act.

(7) "Certified contractor" means any contractor who possesses a certificate of competency issued by the department and who may contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction.

(8) "Registration" means registration with the department as provided in this act.

(9) "Registered contractor" means any contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued. Registered contractors may contract only in these areas.

(10) "Certification" means the act of obtaining or holding a certificate of competency from the depart-ment as provided in this act. .

(11) "Specialty contractor" means any contractor who does not fall within the categories established in paragraphs (a)-(l) of subsection (3).

(12) "Licensee" means a holder of a certificate

678


issued pursuant to this act or a person registered pursuant to this act.

History.-ss. 2, 17, ch. 79-200; ss. 1, 3, ch. 80-85. 'Note.--Section 17, ch. 79-200, in effect provides that this section is repealed

on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976. Section 3, ch. 80-85, provides that, if ch. 489 is repealed in accordance with the intent expressed in ch. 79·200, or as subsequently amended, it is the inte11t of the Legislature that ch. 80-85 shall also be repealed on the same date as is therein provided. 'Note.-The word "systems" was inserted by the editors.

'489.107 Construction Industry Licensing Board.-

(1) To carry out the provisions of this act, there is created within the Department of Professional Regulation the Construction Industry Licensing Board. Members and alternate members shall be appointed by the Governor, subject to confirmation by the Senate. Initially, the Governor shall appoint seven members and three alternate members, each for a term of 4 years, and seven members and two alternate members, each for a term of 3 years. Thereafter, successors shall be appointed for 4-year terms. A vacancy on the board shall be filled for the unexpired portion of the term in the same manner as the original appointq1ent. No member shall serve more than two consecutive terms on the board.

(2) The board shall consist of: (a) Fifteen regular members, of whom: 1. Three are primarily engaged in business as

general contractors; 2. Three are primarily engaged in business as

building contractors or residential contractors; 3. One is primarily engaged in business as a roof

ing contractor; 4. One is primarily engaged in business as a

sheet metal contractor; 5. One is primarily engaged in business as an air

conditioning contractor; 6. One is primarily engaged in business as a me

chanical contractor; 1. One is primarily engaged in business as a pool

contractor; · 8. One is primarily engaged in business as a

plumbing contractor; 9. Two are lay persons who are not, and have

never been, members or practitioners of a profession regulated by the board or members of any closely related profession; and

10. One is a building official of a municipality or county; and

(b) Six alternate members, of whom: 1. One is primarily engaged in business as a roof

ing contractor; 2. One is primarily engaged in business as a

sheet metal contractor; 3. One is primarily engaged in business as an air

conditioning contractor; 4. One is primarily engaged in business as a me

chanical contractor; 5. One is primarily engaged in business as a pool

contractor; and 6. One is primarily engaged in business as a

plumbing contractor. (3) To be eligible for appointment, each contrac

tor member and alternate member shall have been certified by the board to operate as a contractor in the category with respect to which he is appointed, be· actively eng~ged in the construction business, and

have been so engaged for a period of not less than 5 consecutive years before the date of his appointment. Each appointee shall be a citizen and resident of the state.

(4) An alternate member may attend any meeting of the board, and, if the member and the corresponding alternate member are both present and voting, each shall have only one-half vote; however, if either the member or the corresponding alternate member is absent, the member or alternate member present shall have one vote.

(5) The board shall be divided into two divisions, Division I and Division II.

(a) Division I shall be comprised of the general contractor, building contractor, residential contractor, and building official members of the board and one of the members appointed pursuant to subparagraph (2)(a)9. and shall have jurisdiction over the examination and regulation of general · contractors, building contractors, and residential contractors.

(b) Division II shall be comprised of the regular and alternate mechanical c;ontrfictor, pool contractor, roofing contractor, sheet metal contractor, air conditioning contractor, plumbing contractor, and building official members of the board and one of the members appointed pursuant to subparagraph (2)(a)9. and shall have jurisdiction over the examination and regulation of mechanical contractors, pool contractors, roofing contractors, sheet metal contractors, air conditioning contractqrs, and plumbing contractors.

The building official member shall serve as a member, with full voting rights, of bo~h Divis~on I and Division II.

(6) Five members of Division I constitute a quorum, and five votes of Division II constitute a quorum. The combined divisions shall meet together, at such times as the board deems necessary; but neither division, nor any committee thereof, shall take action on any matter under the jurisdiction of the other division.

(7) The members of the Florida Construction Industry Licensing Board who are serving as of June 30, 1979, shall serve as members of the Construction Industry Licensing Board until January ~. 1980, or until all members are· appointed pursuant to this section and s. 20.30(5), whichever occurs first.

History.-ss. 3, 17, ch. 79-200; ss. 2, 3, ch. 80-85. . 'Note.--Section 17, ch. 79-200, in effect provides that this section is repealed ·

on July 1 1985 and shall be reviewed by the Legislature pursuant to the Regulatory Ref~rm Act of 1976. Section 3, ch. 80-85, provides that, if ch. 489 is repealed in accordance with the mtent expressed 1n ch. 79-200, or as subsequently amended, it is the intent of the Legislature that ch. 80-85 shall also be repealed on the same date as is therein provided.

'489.113 Qualifications for practice; restrictions.-

(1) Any person who desires to engage in contracting on a statewide basis shall, as a prerequisite thereto, establish his competency' and qualifications to be certified pursuant ~o this act. To establish his competency, a person shall pass the appropriate examination administered by the department. Any person who desires to engage in contracting on other than a statewide basis shall, as a prerequisite thereto, be registered pursuant to this act, unless exempted by this act. Registration shall be r~quired of specialty contractors when licensing is required by a

679


county or municipality in which the specialty contractor practices.

(2) No person who is not a licensee shall engage in the business of contracting in this state.

(3) A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, and air conditioning work for which a locl:il exa~inatioJ?- for a certificate of competency or a hcense iS required, unless such contractor holds a:. state certificate of competency or license of the respective trade category, as required by the appropriate local authority. However, a general, building, or residential contrac~ tor shall not be required to subcontract the installation of shingle roofing materials. Further, a. general contractor, on new site development work, site redevelopment work, mobile home p~rks, and commercial properties, shall not be required to subcontract the construction of the main sanitary sewer collection system and t~e wa~er distr~b!-ltio~ system, not including the contmuat10n of utility hnes ~rom the mains to the buildings. Further, as to mobile home parks, the general contractor shall not be required to subcontract the continuation of utility lines from the mains and the continuations are to be considered a part of the main sewer .c?llectio~ arid main water distribution systems. This subsectwn does not apply if the locai authority does not require a certificate of competency or license for such trade. Nothing in t?i~ act shall be construed to require the subcontractmg of asphalt roofing shingles. . .

(4) When a certificate holder desires to enga~e.m contracting in any area of the state, as a prereqUisite therefor, he shall be required only to exhibit to the local building official, tax collector, or other person in charge of the issuance ·of licenses and building permits in the area, evidence of holding a ·cu~rent certificate and to pay the fee for the occupatwnal license and building permit required of other per-sons.

(5) The certificate is not transferable. · (6) The board shall, by rule, designate those

types of specialty c'ontractors which may be certified under this act. · · (7) If an eligible applicant fails any contract<?r's

written examination, except the general and building contractors' examination, and provides the board with acceptable proof of lack of comprehension of written examinations, the applicant may petition the board to be administered a uniform oral examination, subject to the following conditions: . · (a) The applicant documents 10 years of expen-

ence in the appropriate construction craft. . (b) The applicant files written recomme~datwns

concerning his competency in the appropriate construction craft.

(c) The applicant is administered only one oral examination within a period of 1 year. . .

(8) Any public record of the board, when ~ert~fied by the executive dire~tor of th~ board. or ~lS repr.esentative, may be received as pnm~dacH~ evidence m

be repealed on the ll'll11e date as is therein provided.

1489.127 Prohibitions; penalties.-2(1) No person shall: · (a) Falsely hold himself out as a licensee; (b) Falsely impersonate a licensee; · (c) Present as his own the certificate or registra-

tion of another; · (d) Give false or forged evidence to the board or

a member thereoffor the purpose ofobtaining·a certificate or registration;

(e) Use or attempt to use a certificate or registration which has been suspended or revoked; or

CO Engage in the business or act in the capacity of a contractor without being duly registered or cer-tified. . ·

(2) Any person who violates any' of the provisions of this part is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-ss. 13, 17, ch. 79-200; ss. 13, 15, 25, 30, 34, ~8, 62,. ch . .S0-406. 'Note.-Section 17, ch. 79-200, in effect proVldes that th1s sect10n IS repealed

on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976. Sections·13, 15, 25, 30, 34, and 6~ of ch. 80-406 respectively provide that, if ch. 476 is repealed in accordance w1th the mtent expressed ins. 28 of ch, 78-155, it is the inte~tofthe_ Leg:>slature thatch. 80-406 shall also be repealed on the same date as 1s therem proVlded; that, 1f ch. 459 is repealed in accordance with ·the intent expressed m ch. 79-230, 1t 1s the intent of the Legislature thatch. 80-406 s~all also be repealed on the sam~ date as is therein provided; that, 1f ch. 465 IS repealed m accordance with the Intent expressed in ch. 79-226, ch. 80-406 shall also be ,repealed on the _same d!'te as is therein provided; that, 1f ch. 466 IS ,repealed m acco~dance ,w1th the mtent expressed ins. 3 of ch. 79-330, 1t 1s the mte~t ofthe.Leg:>sl~ture thatch. SQ-406 shall also be repealed on the same date as 1s therem prov1ded; that,~~ ch. 474 is repealed in accordance with the intent expressed m ch. 79-228, 1t IS the intent of the Legislature thatch. 80-406 shall also be repealed on the sa~e date as is therein provided; and that, if ch. 310 is repealed in accordance w1th the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457 or as subsequently amended, it is the intent of the Legislature thatch. 80-406, shall also be repealed on the same date as is therein provided.

'Note.-Section 58, ch. 80-406 purported to amend the entire section,.but did not republish subsection. (1). Subsection (1) is republished here, however, as the apparent legislative intent was not to repeal1t.

CHAPTER 493

INVESTIGATIVE AGENCIES; DECEPTION DETECTORS

PART I PRIVATE INVESTIGATIVE AGENCIES, PATROL AGENCIES, ETC.

PART II REGULATION OF DETECTION OF DECEPTION EXAMINERS

PART I

PRIVATE INVESTIGATIVE AGENCIES, PATROL AGENCIES, ETC.

493.01 493.02 493.03 493.04 493.05

Definitions, part I. . Powers and duties of Department of State. Application for license. License requirements. · Notification to Department of State of new

any administrative or judicial proceeding. 493.06 partner or corporate officer, ·

License and other fees. History.-<~S. 6, 17, ch. 79-200; ss. 3, 4, ch. 80-85. . . . 493.07

'Note.-Section 17, ch. 79-200, in effect proVldes that this sect1on 1s repealed on July 1, 1985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976. Section 3, ch. 80-85, prov1de~ that, 1f ch. 489 493.08 is repealed in accordance wtth the mtent expressed m ch. 79-200, or as subse-

493 Qg

que~tly amended, it is the intent of the Legislature that ch. 80-85 shall also .

680

Investigation of applicants by Department of State.

. Issuance of license: Licensee's bond and insurance.

s. 493.01

493.091 493.10 493.11 493.12 493.13 493.'14

493.15 493.17 493.18 493.19

493.20 493.21

493.22 493.23 493.231 493.25

493.26

493.28

493.30 493.301 493.302 493.303 493.304 493.305 493.306 493.307

493.308 493.309

493.31 493.311

493.312 493.313 493.314 493.315

493.316 493.317

493.318

493.319 493.32

493.321 493.322 493.323 493.324 493.325 493.326 493.329

1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 493.21

Supervision of agencies. License; contents; posting. Inapplicability of part I of this chapter. Renewal of license. Change of location of licensee. Power of department to deny, suspend or

revoke license. Cancellation of license. Death of licensee; carrying on of business. Trust fund. Divulging information; prohibited; false

reports; penalty. Exclusion of tax. Weapons and firearms; training require-

ments; permit. · Violation; penalty. Enforcement of part I; investigation. Department of Legal Affairs; enforcement. Acts prohibited by licensees or employees

acting as repossessors. Requirement of inventory by recoverer of

personal property. Association with government not to be im-

plied. Definitions, part I. Inapplicability of part I of this chapter. Authority to make rules. Advisory council. Classes of licenses. Application for license. License requirements, Notification to Department of State of

changes of partner, corporate officer, or licensee.

Fees. Investigation .of applicants by Department

of State. Licensee's insurance. License; contents; posting; identification · card.

Change of location of licensee. Renewal of license. Cancellation of license. Weapons and firearms; training require

ments; permit. Trust fund. Prohibited acts by Class "E" and Class

"EE" licensees. Repossessor required to prepare and main

tain inventory. Grounds for disciplinary action. Divulging information, false reports pro-

hibited; penalty. Violation; penalty. Enforcement of part I; investigation. Access to criminal justice information. Department of Legal Affairs; enforcement. Exclusion of tax. Service of process.

ch. 80-268.]

493.02 Powers and duties of Department of State.-[Repealed by s. 5, ch. 80-268.]

493.03 Application for license.-[Repealed by s. 5, ch. 80-268.]

493.04 License requirements.-[Repealed by s. 5, ch. 80-268.]

493.05 Notification to Department of State of new partner or corporate officer.-[Repealed by s. 5, ch. 80-268.]

493.06 License and other fees.-[Repealed by s. 5, ch. 80-268.]

493.07 Investigation of applicants by Department of State.-[Repealed by s. 5, ch. 80-268.]

493.08 Issuance of license.-;-{Repealed by s. 5, ch. 80-268.]

493.09 Licensee's bond and insurance.-[Repealed by s. 5, ch. 80-268.]

493.091 Supervision of agencies.-[Repealed by s. 5, ch. 80-268.]

493.10 License; contents; posting.-[Repealed by s. 5, ch. 80-268.]

493.11 Inapplicability of part I of this chap-ter.-[Repealed by s. 5, ch. 80-268.] ·

493.12 Renewal of license.-[Repealed by s. 5, ch. 80-268.]

493.13 Change of location of licensee.-[Repealed by s. 5, ch. 80-268.]

493.14 Power of department to deny, suspend or revoke license.-[Repealed by s. 5, ch. 80-268.]

493.15 Cancellation of license.-[Repealed by s. 5, ch. 80-268.]

493.17 . Death of licensee; carrying on of business.-[Repealed by s. 5, ch. 80-268.]

493.18 Trust fund.-[Repealed by s. 5, ch. 80-268.]

493.19 Divulging information; prohibited; false reports; penalty.-[Repealed by s. 5, ch. 80-268.]

493.20 Exclusion of tax.-[Repealed by s. 5, ch. 80-268.]

Saving clauses. 493.21 Weapons and firearms; training re-

493.01 Definitions, part !.-[Repealed by s. 5, quirements; permit.-[Repealed by s. 5, ch. 80-268.]

681


493.22 Violation; penalty.--{Repealed by s. 5, ch. 80-268.]

493.23 Enforcement of part I; investigation. -{Repealed by s. 5, ch. 80-268.]

493.231 Department of Legal Affairs; enforcement.--{Repealed by s. 5, ch. 80-268.]

493.25 Acts prohibited by licensees or employees acting as repossessors.--{Repealed by s. 5, ch. 80-268.]

493.26 Requirement of inventory by recoverer of personal property.--{Repealed by s. 5, ch. 80-268.]

493.28 Association with government not to be implied.--{Repealed by s. 5, ch. 80-268.]

'493.30 Definitions, part I.-As used in this act: (1) "Private investigative agency" means and in

cludes any person, firm, company, partnership, or corporation engaged in the business of furnishing for-hire private investigations.

(2) "Watchman," "guard," or "patrol agency" means and includes any person, firm, company, partnership, or corporation engaged in the business of furnishing for-hire watchman, guard, or patrolman services.

(3) "Private investigator" means and includes anyone who performs the services of private investigation, or who directly supervises others in the performance of such services.

(4) "Private investigation" means and includes investigation by a person or persons for the purpose of obtaining information with reference to any of the following matters:

(a) Crime or wrongs done or threatened against the United States or any state or territory of the United States, when operating under express written authority of the governmental official responsible for authorizing such investigations.

(b) The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any person, group of persons, association, organization, society, other group of persons or partnership, or corporation.

(c) The credibility of witnesses or other persons. (d) The whereabouts of missing persons. (e) The location or recovery oflost o:r; stolen prop

erty. (f) The causes and origin of, or responsibility for,

fires, libels, slanders, losses, accidents, damage, or injuries to real or personal property.

(g) The business of securing evidence to be used before investigating committees or boards of award or arbitration or in the trial of civil or criminal cases and the preparation therefor.

(h) The conducting of studies or surveys to determine methods and means of providing security for the person requesting the studies or surveys.

(i) Service of court process for consideration by persons other than employees of federal, state, county, or municipal police agencies.

(5) "Watchman," "guard," or "patrolman"

means and includes persons who directly supervise others who, or who themselves, separately or collectively, guard persons or property or attempt to prevent theft or unlawful taking of goods, wares, and merchandise or attempt to prevent the misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, choses in action, notes, or other documents, papers, and articles of value or to procure the return thereof or who perform the services of such watchman, guard, or patrolman or other person for any of these purposes.

(6) "Repossessor" means any person who, for compensation, recovers motor vehicles, as defined in s. 320.01(1), and motorboats, as defined in s. 371.021(2), as a result of default in payment for such motor vehicle.

(7) "Intern" means one who studies investigative or repossession work on a trainee status under the personal supervision and control of a Class "C" or "E" licensee.

(8) "Licensee" means and includes any person, firm, company, partnership, or corporation licensed under this chapter.

(9) The personal pronoun "he" implies the impersonal pronoun "it."

(10) "Department" means the ·Department of State.

History.-ss. 1, 7, ch. 80-268. 'Note.-Section 7, ch. 80-268, provides, in effect, that this section shall stand

repealed (expires) on July 1, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

1493.301 Inapplicability of part I of this chapter.-

(1) This part shall not apply to: (a) Any detective or officer·employed by an agen

cy of the United States or this state, or a county or municipality of this state, while such officer is. engaged in the performance of his official duties or performing activities approved by his superiors.

(b) Any special police officer appointed by the state or by the police department of a city or county within the state while such officer is engaged in the performance of his official duties or performing activities approved by his superiors.

(c) Any insurance investigator or adjuster li-censed by the state. ·

(d) Any person employed as an unarmed special agent, detective, repossessor, or private investigator exclusively in connection with the business of his employer.

(e) Any unarmed watchman, guard, or patrolman employed exclusively to do work on the premises, and in connection with the business, of his employer, when there exists an employer-employee relationship.

(f) Any person, firm, company, partnership, corporation, bureau, or agency whose business is exclusively the furnishing of information concerning the business and financial standing and credit responsibility of persons, firms, or corporations or concerning the personal habits and financial responsibility of applicants for insurance~ indemnity bonds, or commercial credit.

(g) Any attorney or counselor at law in the regular practice of his profession, but this exemption shall not serve to exempt from the requirements of licensure any employee or representative of an at-

682


torney or counselor at law who is not employed solely, exclusively, and regularly by such attorney or counselor at law.

(h) Any state or national bank or bank holding company, credit union, or small loan company operating pursuant to chapters 516, 2519, and 520; any consumer credit reporting agency regulated under 15 U.S.C. s. 1681 et seq.; or any collection agency 3or to any permanent employee thereof.

(i) Any person who holds a license under the laws of this state when such person is providing services or expert advice in the profession or occupation in which that person is so licensed.

(2) Any corporation duly authorized by the state to operate a central burglar or fire alarm protection business is exempt from the Class "B" license requirement and other provisions of this part relating to Class "B" licenses. However, employees of such corporations are not exempt to the extent they perform services requiring licensure under this part.


repealed (expires) on July 1, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.·

1 Note.-This cross·reference is erroneous; ch. 519 was repealed in 1~73. 3 Note.-The word "or" was substituted by the editors for the word "and."

1493.302 Authority to make rules.-The department shall adopt rules necessary to administer this chapter. However, no rule shall be adopted t}lat unreasonably restricts competition or the availability of private security services in the state or in a significant part of the state or that unnecessarily increases the cost of private security services without a corresponding or equivalent public benefit.

History.-as. 1, 7, ch. 80-268. 'Note.-Section 7, ch. 80-268, provides, in effect, that this section shall stand


1493.303 Advisory council.-The department shall designate an advisory council to be composed of nine members. The advisory council shall, insofar as possible, be geographically distributed and representative of the vari64s segments of the profession. The council shall organize, elect a chairman, and thereafter meet upon the call of the chairman through the department. The council shall counsel and advise with the department and make recommendations relative to the operation and regulation of the industry. Such advisory council members as are appointed by the department shall serve without pay; however, state per diem and travel allowances may be claimed for attendance at officially called meetings of the council as provided by s. 112.061.



1493.304 Classes of licenses.-(1) Any person, firm, company, partnership, or

corporation which engages in business as a private investigative agency shall have a Class "A" license.

(2) Any person, firm, company, partnership, or corporation which engages in business as a watchman, guard, or patrol agency shall have a Class "B" license.

(3) Any person who performs the services of a private investigator shall have a Class "C" license.

(4) Any person who studies or performs private investigative work as an intern under the supervision of a Class "C" licensee shall have a Class "CC" license.

(5) Any person who performs the services of a watchman, guard, or patrolman shall have a Class "D" license.

(6) Any person who performs the services of a repossessor shall have a Class "E" license.

(7) Any person who studies or performs repossession as an intern under the supervision of a Class "E" licensee shall have a Class "EE" license.

(8) Only Class "C" and "D" licensees are permitted to carry or use a firearm, and any such licensee who carries or uses a firearm must have a Class "G" license.

(9) A Class "A" or Class "B" license is valid for only one location. Each additional or branch office of a Class "A" or Class "B" licensee shall have a Class "GBB" license.



1493.305 Application f9r license.-(1) Each person, partner, or, in the case of a cor

poration, corporate officer must qualify separately for a license under this part and shall file with the department a written application accompanied by an application fee of $25, except that an applicant for a Class "G" or Class "D" license shall not be required to pay the application fee. The fee shall not . be rebatable. The written application shall be in accordance with the following provisions:

(a) If the applicant is an individual, the application shall be signed and verified by the individu;il.

(b) If the applicant is a firrn or partnership, a separate application shall be signed and verified by each individual composing or intending to compose, in the immediate future, such firm or partnership.

(c) If the applicant is a corporation, a separate application shall be signed and verified by each officer, not including assistant secretaries or a~sistant treasurers, thereof.

(d) The application shalL contain the following information concerning the individual signing the same:

1. His full name and the title of the position held · with the applicant;

2. His age and date and place of birth; 3. His present residence address and his resi

dence addresses within the 5 years immediately preceding the submission of the application;

4. His occupations held presently and within the 5 years immediately preceding the submission of the application;

5. A statement that he is 18 years of age or older; 6. The address of the principal place in which the

business is to be conducted; 7. The address of all branch offices within the

state; 8. The name under which the business is to be

conducted; 9. The names and addresses of all partners or

officers and directors, as the case may be; 10. A full set of fingerprints and a photograph of

the signatory taken within the 2 years immediately

683


preceding the submission of the application; 11. A statement of the experience of the signato

ry which he believes would qualify him, his firm, or his corporation for a license under this chapter;

12. A statement of any or all convictions, which should include any withholding of adjudication of guilt, of the signatory; and

13. . Such further facts as may be required by the department to show that the person signing the application is of good moral character and qualified by experience and training to satisfy the requirements of this part. ·

(2) An applicant for a Class "D" license may be employed·by an agency as an unarmed watchman, unarmed guard, or unarmed patrolman before such application is approved. "Unarmed" means that no firearm shall be carried or used during official duty, regardless of whether the applicant has any other authority to carry a firearm. If the department denies a Class "D" license, the employment of such person shall be terminated immediately. Each person, firm, company, partnership, or corporation shall, upon the employment or termination of employment of a watchman, guard, or patrolman, report such employment or termination immediately to the department.

History.-ss. 1, 7, ch. 80.268. 'Note.-Section 7, ch. 80.268, provides, in effect, that this section shall stand


1493.306 License requirements.-(!) Each individual licensed by the department

shall: (a) Be at least 18 years of age. (b) Be of good moral character. (2)(a) As used in this chapter, "good moral char

acter" means a personal history of honesty, fairness, and respect for the rights of others and for the laws of this state and nation.

(b) The department may refuse to license an applicant for lack of good moral character only if:

L There is a substantial connection between the lack of good moral character of the applicant and the business for which the license is sought.

2. The finding by the department oflack of good moral character is supported by clear and convincing evidence.

(c) When the applicant is found to be unqualified for licensure for lack of good moral character, the department shall furnish the applicant a statement containing the findings of the department, a complete record of the evidence upon which the determination was based, and a notice of the rights of the applicant to a rehearing and appeal.

(3) Each agency or branch office must designate a minimum of one person to act as manager, actively directing the activities of the Class "C," Class "D," and Class "E" employees. The person or persons designated as manager shall have at least 2 years' experience, or equivalent training, performing the type of service permitted under the agency license applied for.

(4) In addition to the above requirements, an applicant for a Class "C" license must have 2 ·years' experience or training in one; or a combination of more than one, of the following:

(a) Private investigative work or related fields of

work that provided equivalent experience or training;

(b) College course work and seminars related to private investigation, except that no more than 1 year may be used from this category; or

(c) Work as a Class "CC" -licensed intern. (5) In addition to any other requirements, an ap

plicant for a Class "E" license must have 1 year of work experience performing repossessing, 1 year as a Class "EE" repossessor intern, or a combination of 1 year of work experience and internship.

(6) In addition to any other requirements, an applicant for a Class "G" license must:

(a) Satisfy minimum training criteria for firearms established by rule of the department, which shall consist of not less than 8 or more than 10 hours of range and classroom training; and

(b) Demonstrate fitness to carry a firearm based upon a complete background investigation by the department of the individual's police record and general character.

History.-ss. 1, 7, ch. 80.268. 'Note.-Section 7, ch. 80.268, provides, in effect, that this section shall stand


1493.307 Notification to Department of State of changes of partner, corporate officer, or licensee.-After filing the application, unless the department declines to issue the license or revokes it after issuance, a private investigative agency, or a watchman, guard, or patrolman agency, shall notify the department within 10 days of the withdrawal, removal, replacement, or addition of any or all partners, officers, or licensees of the corporate agency and, upon receipt of application forms from the department, shall cause the forms to be completed by the new partner or officer; and the forms sl)all be filed with the department and an application fee of $25 paid. The agency's good standing under this part shall be contingent upon the department's approval of any new partner or officer.

History.-as. 1, 1: ch. 80-268. 'Note.-Section 7, ch. 80-268, provides, in effect, that this section shall stand


1493.308 Fees.-(1) The department, by rule, shall establish bien

nial fees, which shall not exceed the following: (a) Class "A" license-private investigative

agency: $300. (b) Class "B" license-watchman, guard, or pa

trolman agency: $300. (c) Class "C" license-private investigator: $50.

A natural person who has a Class "A" license does not have to pay the Class "C" license fee.

(d) Class "D" license-watchman, guard, or patrolman: $30. A natural person who has a Class "B" license does not have to pay the Class "D" license fee.

(e) Class "E" license-repossessor: $50. (f) Class "GBB" license-branch office: $75. (g) Class "G" license-statewide gun permit: $75.

Issuance of this permit shall not authorize the possession of a concealed weapon.

(2) The department, by rule, may establish a fee for the replacement of a Class "D" or Class "G" laminated card, which fee shall not exceed $15.

(3) The fees set forth in this section shall be paid

684


by certified check or money order or, at the discretion of the department, by company check at the time the license is issued, except that the applicant for a Class "D" or Class "G" license shall pay the license fee at the time the application is made. If a license is revoked, the license fee shall not be returned to the licensee.

History.-ss. 1, 7, ch. 80·268. 'Note.-Section 7, ch. 80.268, provides, in effect, that t~s section shall stand


'493.309 Investigation of applicants by Department of State.-

(1) Except as provided in subsection (3), prior to the issuance of a license under this part, the department shall make an individual investigation of the applicant for a license. The investigation shall include:

(a) A thorough background investigation of the individual's good moral character.

(b) An examination of fingerprint records and police records.

(c) Such other investigation of the individual as the department may deem necessary.

(2) In the case of a Class "G" license applicant, the department shall make an investigation of the general mental and physical fitness of the applicant to carry a weapon or firearm in addition to the investigation required by subsection (1).

(3) In the case of a Class "D" license applicant, the department shall .make an examination of fingerprint records and police records and such additional investigation as it shall deem necessary.

History.-ss. 1, 7, ch. 80·268. · 'Note.-Section 7, ch. 80·268, provides, in effect, that this section shall stand

repealed (expires) on July 1, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. ·

'493.31 Licensee's insurance.-No agency license shall be issued unless the applicant first files with the department a certificate of insurance evidencing comprehensive general liability coverage for death, bodily injury, and personal injury. The certificate shall provide the state as an additional insured for purposes of all notices of modification or cancellation of such insurance. Coverage shall also include false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character, and violation of the right of privacy in the amount of $100,000 per person and $300,000 per occurrence and property damage in the amount of $100,000 per occurrence. The agency license shall be automatically suspended upon the date of cancellation unless evidence of insurance is provided prior to the effective date of cancellation. Coverage shall insure for the liability of all agency employees licensed by the department. The agency shall notify the department of any claim against such insurance arising from any claim of false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character, or violation .of the right of privacy.

History.-ss. 1, .7, ch. 80·268. 'Note.-Section 7, ch. 80.268, provides, in effect, that this section shall stand

repealed (expires) on July 1, 1990, and shall be reviewed by the Legislature

pursuant to the Regulatory Reform Act of 1976, as amended ..

1493.311 License; contents; posting; identification card.-

(1) All licenses issued pursuant to this part shall be in a forin prescribed by the department. The license shall specify the name under which the applicant is to operate, the address of the principal place of business, the expiration date, the full names and titles .of the persons who submitted application forms, the number of the license, and any other information the department deems necessary. All licenses, except Class "CC" and Class ·"EE" licenses, issued by the department shall be renewed biennially. The department shall determine by rule the expiration date of each class of license. The department may prorate license fees. .

(2) The agency license shall at all times oe posted in a conspicuous place in the principal place of business of the licensee in this state. Each agency shall display, in a place that is in clear .and unobstructed public view, a notice stating that the business operated at this location is licensed and regulated by the Department of State and that any questions or complaints should be directed to the department. The notice shall be in a form specified by the department, and the department shall adopt rules to ensure that the notice is displayed in a place where a client of the agency would be most likely to see it.

(3)(a) .The department shall upon application and payment of fee issue a separate license for each branch office mentioned in the application. The license shall be iri a form designed by the department, but it shall at least specify the name under which the licensee operates, the license number, and the address of the location to which the license applies.

(b) No license shall oe valid to protect any business transacted at any place other than that designated in the license unless consent is first obtained from the department.

(c) The license shall not be valid to protect any licensee who engages in the business undei' any name other than that specified in the license. A license issued under this part shall not be assignable, and no licensee may conduct a business under a fictitious name without prior written authorization of the department to do so. The department may not authorize the use of a name which is so ' similar to that of a public officer or agency, or of that used by another licensee, that the public may be confused or misled thereby. The authorization for the use of a fictitious name shall require, as a condition precedent to the use of such name, the filing of a certificate of doing business under a fictitious name under s. 865.09. No licensee shall be permitted to conduct business under more than one name except as licensed. A licensee desiring to change its .licensed name at any time except upon renewal of license shall notify the department and pay a fee not to exceed $30 for each authorized change of name; upon returning the license to the department, the newly authorized name shall then be entered upon the license and the license shall be returned to the licensee.

(4) It shall be the duty of every agency licensee to furnish all of its people, partners, corporate officers, and managers, as the case may be, and all licensed

685


employees, an identification card. The card shall be in a form and design as may be approved by the Department of State, but it shall specify at least the name of the holder of the card and the name and number of the licensee and shall be signed by a representative of the licensee and by the holder of the card. The card shall be in the possession of each person, partner, corporate officer, manager, or licensed employee while on duty. Upon suspension or revocation of a license or upon termination of a business association with the licensee, it shall be the duty of each person, partner, corporate officer, manager, or licensed employee to return the card to the agency licensee.

(5) Each person to whom a license and card have been issued shall be responsible for the safekeeping thereof and shall not loan, or let or allow any other person to use or display, the license or card.


repealed (expires) on July 1, 1990, and shall he reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

1493.312 Change of location of licensee.-In the event the licensee desires to change the location of any place of business indicated in his application on file with the department, he shall notify the department. The department shall send to him suitable forms designed by the department, the purpose of which shall be to record in the office of the-department the fact that there has been a change, by way of substitution, of the licensee's place or places of business. Upon completion of the form, the licensee shall return it to the department, together with a fee of $10 for each changed location. The department shall thereupon send to the licensee a certificate of registration of each changed location. The certificate shall be in a form designed by the department, but it shall at least specify the name under which the licensee operates, its license number, and the address of the location to which the certificate of registration applies. The holqer of a Class "D" or Class "G" license shall not be required to pay the $10 fee for each change of locatiqn.

HistOry.-ss. 1, 7, ch. 80-268. 'Note.-Section 7, ch. 80-268, provides; in effect, that this section shall stand


1493.313 Renewal of license.-(1) A license granted under the provisions of this

part may be renewed by the department. (2) No less than 90 days prior to the expiration

date of the license, the department shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the department.

(3) A licensee shall renew his license prior to its expiration by filing with the department, at least 45 days prior to the expiration, the renewal form accompanied by:

(a) Payment of the fee prescribed in s. 493.308. (b) Proof of the comprehensive general liability

insurance coverage required ins. 493.31, when applicable.

(4) A licensee who fails to file a renewal application at least 45 days prior to its expiration may renew his license by fulfilling the requirements of paragraphs (3)(a) and (b) and paying a late fee equal to the amount of the license fee.

(5) No license shall be renewed 6 months or more after its expiration date unless the applicant submits a new application and the respective fees. Such an applicant may be subject to a background investigation.

(6) No person, firm, company, partnership, or corporation shall carry on any business regulated by this part during any period which may exist between the date of expiration and the date of renewal of a license.

(7) Before a Class "G" license is renewed, the licensee shall be required to complete not less than 6 or more than 10 hours of range training and fulfill such other health-and training requirements which the department shall adopt by rule.


repealed (expires) on July 1, 1990, and shall he reviewed by the Legislature . pursuant to the Regulatory Reform Act of 1976, as amended.

1493.314 Cancellation oflicense.-In the event the licensee desires to cancel .the license, he shall notify the department, and the department shall supply him with proper forms as designed by the department to effectuate the cancellation of the license. Upon cancellation of the license, the licensee shall, within 10 days, return the license so canceled to the department.

History.-ss. 1, 7, ch. 80-268. . 'Note.-Section 7, ch. 80-268, provides, in effect, that this section shall stand


1493.315 Weapons and firearms; training requirements; permit.-

(1) The provisions of this section shall apply to all licensees in addition to the other provisions of this part.

(2) No employee shall carry or be furnished a weapon or firearm unless the carrying of a weapon or firearm is required by his duties, nor shall an employee carry a weapon or firearm except in connection with those duties. When carried pursuant to this subsection, the weapon or firearm shall be encased in view at all times unless the employee complies with ss. 790.05 and 790.06 as they pertain to concealed weapons or firearms. ·

(3) Nothing in this act shall abrogate the provisions of s. 790.25(3)(n). The statewide permit shall remain in effect only during the period the applicant is employed as a guard. It shall be the responsibility of the employer immediately to notify the department of the employee's termination of employment, at which time the department shall revqke the per-mit. ·

(4) The department may issue a temporary 45-day Class "G" license, which may be renewed once.

(5) A licensee who has been issued a Class "G" statewide permit pursuant to this section is exempt from the requirements ofss. 790.05 and 790.06 while performing the duties he is licensed to perform under this act, provided he does not carry a concealed weapon or firearm.

(6) The only firearm a Class "G" licensee may carry is a standard police .38 caliber revolver with standard ammunition, unless otherwise approved by

686


the department. (7) The department, by rule, may establish

standards and issue certificates to licensees for weapons other than firearms.

History.-ss. 1, 7, ch. 80-268. 'Note.--Section 7, ch. 80-268, provides, in effect, that this section shall stand

repealed (expires) on July· !, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. ·

1493.316 Trust fund.-There is created within the Division of Licensing of the department a Division of Licensing Trust Fund. All moneys required to be paid under this chapter shall be collected by the department and deposited in the trust fund. The Legislature shall appropriate from the fund such amounts as it deems necessary for the purpose of administering the provisions of this chapter. The unencumbered balance in the trust fund at the beginning of the year shall not exceed $100,000, and any excess shall be transferred to the General Revenue Fund unallocated.



1493.317 Prohibited acts by Class "E" and Class "EE" licensees.-ln addition to other requirements imposed by this part or by rule of the department, repossessor licensees and repossessor interns are prohibited from:

(1) RECOVERING. VEHICLES SOLD UNDER CONDITIONAL SALES AGREEMENT OR CHATTEL MORTGAGE WITHOUT AUTHORIZATION. -Recovering personal property, including personal property registered under the motor vehicle code, which has been sold under a conditional sales agreement or under the terms of a chattel mortgage before authorization has been received from the legal owner of the property or from the mortgagee when the personal property is subject to the terms of a chattel mortgage.

(2) SOLICITING RECOVERY OF A VEHICLE OR OTHER PERSONAL PROPERTY AFTER IT HAS BEEN LOCATED.-Soliciting from the legal owner the recovery of specific personal property after such property has been seen or located on public or private property.

(3) CHARGING UNINCURRED EXPENSES.Charging for expenses not actually incurred in connection with the recovery, transportation, and storage of personal property.

(4) USING PROPERTY FOR PERSONAL BENEFIT.-Using property which has been recovered for the personal benefit of a licensee or officer, director, partner, manager, or employee of a licensee.

(5) SELLING PROPERTY OTHER THAN AT PUBLIC AUCTION OR UNDER WRITTEN AUTHORIZATION.-Selling personal property recovered under the provisions of this part while acting as a repossessor or finance adjuster, except at public auction or with written authorization from the legal owner or the mortgagee thereof.

(6) FAILING TO NOTIFY POLICE OR SHERIFF'S DEPARTMENT.-Failing to notify the police

or sheriff's department of the jurisdiction in which the personal property is recovered within 24 hours.


repealed (expires) on July 1-, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

1493.318 Repossessor required to prepare and maintain inventory.-lf personal effects or other property not covered by a security agreement are contained in or on personal property at the time it is recovered, a complete and accurate inventory shall be made of such personal effects or other personal property. The date and time the inventory is made shall be indicated, and it shall be signed by the person or persons who recovered the personal property on behalf of the secured party. The inventory shall be filed and maintained for a period of 4 years in the permanent records of the licensee and shall be made available, upon demand, to representatives of the department during normal business hours. Falsification or alteration of an inventory or failure to maintain an inventory for the required period shall be grounds for suspension or revocation of a license.

History.-ss. 1, 7, ch. 80-268. . 'Note.--Section 7, ch. 80-268, provides, in effect, that this section shall stand repealed (expires) on July 1, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

1493.319 Grounds for disciplinary action.(1) The following constitute grounds for which

disciplinary action specified in subsection (2) may be taken:

(a) Fraud or willful misrepresentation in applying for or obtaining a license;

(b) Use of any fictitious or assumed name by a licensee unless he has department approval and qualifies under s. 865.09;

(c). Having been found guilty of the commission of a crime which directly relates to the business for which the license is held, regardless of adjudication;

(d) A false statement by the licensee that any person is or has been in his employ;

(e) A finding that the licensee oi:- any of his or its employees is guilty of willful betrayal of a professional secret;

(f) Proof that the licensee is guilty of fraud or deceit, or of negligence, incompetency, or misconduct, in the practice 'of his business for which the license is held;

(g) Conducting business without a license or with a revoked or suspended license;

(h) Failure of the licensee to maintain in full force and effect the general liability insurance coverage, if required, referred to in s. 493.31;

(i) Impersonating, or permitting or aiding and abetting an employee to impersonate, a law enforcement officer or an employee of this state, the United States, or any political subdivision thereof;

(j) Commission of assault, battery, or kidnapping or use of force or violence on any person except in self-defense or in the defense of a client;

(k) Knowingly violating, or advising, encouraging, or assisting the violation of, any court order or injunction in the course of business as a licensee;

(l) Acting as a runner or a capper for any attor-ney; ·

(m) Falsification or alteration of an inventory of

687


recovered personal property required by s. 493.318; (n) Transferring or attempting .to transfer a li

cense issued pursuant to this chapter; (o) Failure or refusal to cooperate with the de

partment's investigation of any suspected violation of this part;

(p) Violating any provision of this chapter: (2) When the department finds any violation of

subsection (1), it m&y do one or more of the· following: (a) Deny an application for licensure. (Q) Revoke or suspend a license. (c) Impose an administrative fine not to exceed

$1,000 for every count or separate ' offense. · (d) Issue a reprimand. (e) Place the licensee on probation for a period of

time and subject to such conditions as the department may specify.

(3) Upon revocation or suspension of a license, the licensee shall forthwith return the license which was suspended.



1493.32 Divulging information, false reports prohibited; penalty.-Except as otherwise provided by law, no licensee or any employee of a licensee shall divulge or release to any person, othe:dhan to his principal or his employer, any information acquired as a result of any investigation, surveillance, or other act performed by the licensee or employee in the course of his employment. However, the provisions of this section shaH not apply to an employer who is also the holder of a license issued pursuant to this part and who has the prior written consent of the client or principal to divulge or release any information fiilling within the terms of this section; further, the provisions of this section will not apply to the taking of testimony or the receiving of j:lvidence in any judicial proceeding. Any person violating this section· or any employee who shall willfully make a false report to his employer concerning his employment or work is guilty of a misdemeanor of t:ije second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.



1493.321 ·Violation; peJ1alty.-Any person who violates any provision of this part is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-ss. 1, 7, ch. 80-268. 'Note.-Section 7, ch. 80-268, provides, in ~ffect, that this section shall stand

repealed (expires) on July 1, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as ·amended.

1493.322 Enforcement of part I; investigation.-

(1) The department shall have the power to enforce the provisions of this part, irrespective of the place or location in which the violation occurred, a:nd, upon the complaint of any person or on its own initiative, to cause to be investigated any suspected violation thereof or to cause to be investigated the business and business methods of any licensee or applicant or employee thereof.

(2) In any investigation undertaken by the department, each licensee or applicant or employee thereof shall, upon request of the department, submit information concerning his business practices or methods. In the exercise of its enforcement responsibility and in the conduct of any investigation relating to a suspected violation of this part, the department shall have the power to subpoena and bring before it any person in the state, require the production of any papers it deems necessary; administer oaths, and take depositions of any persons so subpo~ naed. Failure or refusa~ of any person properly subpoenaed to be examined or· to answer· any question about his qualifications or the business methods or business practices under investigation shall be grounds for suspension or revocation of his -license, or for refusal to issue such license, as the case may be. The testimony of witnesses ih any such proceeding shall be under oath before the department or its agents.

History.-ss. 1, 7, ch. 80-268. • Note.-Section 7, ch. 80-268, provides, in effect, that this section shall stand


1493.323 Access to criminal justice information.-In order to car.ry out the duties of the department prescribed in tl).is part; designated employees of the Division of Licensing of the Department of State may obtain access to the information ·incriminal justice information systems and to' criminal justice information as defined in s. 943.045, on such terms and conditions as are reasonably calculated to provide necessary information and protect the confidentiality of the information.

History.-ss. 1, 7, ch. 80-268. 'Note.-Section 7, ch. 80-268, provides, in effect, that this section shall ~tand

repealed (expires) on July 1, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.·

1493.324 ·Department of · Legal Affairs; enforcement.-The Department ofLeg~l. Affairs shall be attorney for the Department of State in the enforcement of this part ai}d shall conduct any investigations incident to its legal responsibility.

History.-ss. 1, 7, ch. 80-268. · . 1Nof,e.~ection 7, ch. 80-268, provides, in effect, that this section shall stand.


1493.325 Exclusion of tax.-Payment of the license fee· provided for hereunder authorizes the li-· censee to practice his profession anywhere ·in this state without obtaining any additional license, permit, registration, or identification card, except as required by s. 493.315, any municipal or county ordinance or resolution to the contrary notwithstanding. However, a Class "A" or a Chis~ "B" licensee shall be required to obtain a city ·and county occupational license in each city and county where the licensee maintains a physical office. ·


repealed (expires) on July 1, 1990, and shall ~ reviewed by the Legislature plirsuant to the Regulatory Reform Act of 1976, as ~!mended.

1493.326 Service of-process.-Any Class "C" licensee shall be deemed a special process server un-

688


der the provisions of s. 48.021 in any individual proceeding when appointed by a circuit or county judge without the necessity of appointment by the sheriff.

Hlstory.-ss. 1, 7, ch. 80.268. 'Note.-Section 7, ch. 80.268, provides, in effect, that this section sh!lll stllnd

repealed (expires) on July 1, 1990, and shall' be reviewed by the Legislature pursuant to the Regulatory· Reform Act of 1976, as amended.

493.329 · Saving clauses.- . (1) No judicial or administrative proceeding

pending on July 1, 1980, shall be abated as a result of the repeal and reenactment of this chapter.

(2) All licenses valid on the effective date of chapter 80-268, Laws of Florida, shall remain in full force and effect. Henceforth, all licenses shall be applied for and renewed in accordance with this act.

Hlstory.-s. 6, ch. 80.268.

PART II

REGULATION OF DETECJ.:ION OF DECEPTION EXAMINERS

493.40 493.41 493.42 ' 493.43 493.44 493.45

493.46 493.47 493.48 493.49 493.50 493.51

493.53 493.54 493.56

493.561 493.562 493.563

493.564 493.565 493.566 493.567 493.568 493.569 493.57 493.571 493.572

493.573 ' 493.574 493.575 493.576 493.577

493.579

Definitions, part II. Powers and duties of Department of State. Application for license. License requirements. Fees. Investigation of applicant by Department

of State.. . ' . Licensee's bond. Issuance of license. License, . contents and posting. ReciproCity. Renewal of licenses. Power of Department of State to deny, sus-

pend, or revoke licenses. Advisory council. Violation; penalty. Construction of part II; admissibility of evi-

dence. Definitions, part II. Exclusion from applicability. Rules of Department of State; applicabili-

ty. ' Advisory council. Application for license. License requirements. Reciprocity. Licensee's insurance. Polygraph intern license. Fees. Approval of schools. Investigation of applicant by Department

of State. License; contents and posting. Renewal of licenses. Disciplinary proceedings. Violation; penalty. Construction of part II; admissibility of

evidence.

ch. 80-268.]

493.41 Powers and duties of Department of State.-[Repealed by s. 5, ch. 80-268.] ·

493.42 Application for license.-[Repealed by s. 5, ch. 80-268.] ·

493.43 License requirements.-[Repealed by s. 5, ch. 80-268.]' ·

493.44 Fees.-[Repealed by s. 5, ch. 80-268.]

493.45 Investigation of applicant by Department of State.-[Repealed by s. 5, ch. 80-268.]

493.46 Licensee's bond.-[Repealed by s. 5, ch. 80-268.]

493.47 Issuance of license.-[Repealed by s. 5, ch. 80-268.]

493.48 License, contents and posting.-[Repealed by s. 5, ch. 80-268.]

493.49 Reciprocity.-[Repealed by s. 5, ch. 80-268.]

493.50 Renewal of licenses.-[Repealed by s. 5, ch. 80-268.]

493.51 Power of Department of State to deny, suspend, or revoke licenses.-[Repealed by s. 5, ch. 80-268.] · ·

493.53 Advisory council.-[Repealed by s. 5, ch. 80-268.] ·

493.54 Violation; penalty.~Repealed by s. 5, ch. 80-268.]

493.56 Construction of part II; admissibility of evidence.-[Repealed by s. 5, ch. 80-268.]

1493.561 Definitions, part 11.-The following terms shall, unless the context otherwise indicates, have the following meanings:

(1) "Detection of deception examiner" means and,includes any person who uses any device or instrument which records as minimum standards, permanently and simult~neously, the examinee's cardiovascular (blood pressure and pulse) and respiratory (breathing) patterns, in order to examip.e individuals for the purpose of detecting truth or deception. Such an instrument may record additional physiological changes pertinent to the detection of truth or deception.

(2) . "Intern" means the study of detection of deception and the administration of detection of deception examinations by a trainee ·under the personal supervision and control of an examiner.

(3) "Licensee" means only a natural person. (4) "Department" means the Department of

State. Saving clauses. ' (5) "Polygraph" means an instrument which

· 493.40. Definitions, part II.__:_rRepealed by s. 5< .J combines a continuous permanent recording and a

689


means of measuring and recording at least two of the physiological reactions to emotions.

(6) "Employee examiner" means a qualified detection of deception examiner employed wholly and exclusively by a single employer.



'493.562 Exclusion from applicability.-This part is not applicable to a detection of deception examiner employed by a municipal, county, state, or federal agency as long as his sole use of the instrument described in s. 493.561(1) is in the performance of his official duties.


repealed (expires) on July 1, 1990, and shall-be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

'493.563 Rules of Department of State; applicability.-The department shall adopt rules necessary to administer this chapter. However, no rule shall be adopted that unreasonably restricts competition or the availability of detection of deceptio'n services in the state or in a significant part of the state or that unnecessarily increases the cost of detection of deception services without a corresponding or equivalent public benefit.



'493.564 Advisory council.-The advisory council as set forth in s. 493.303 shall also be the advisory council for this part; however, an additional member shall be appointed to the council to represent detection of deception examiners.



1493.565 Application for license.-(1) Every person administering detection of de

ception examinations must qualify individually for a license under this part and sh~l file with the department a written application accompanied by a fee to cover costs in an amount to be determined by rule. The fee shall not be rebatable.

(2) The written application shall be in accordance with the following provisions, and the application shall be signed and verified by the individual and shall contain the following information:

(a) Full name and ti'tle of position; (b) Age and date and place of birth; (c) The present residence address and the resi

dence addresses within the 5 years immediately preceding the submission of the application;

(d) The occupations held presently and within the 5 years immediately preceding the submission of the application; • ·

(e) A statement that he is 18 years of age or older; (f) The address of the principal place in which

the business is to be conducted; (g) A statement of educational qualifications as

provided in s. 493.566; (h) The name under which the business is to be

conducted; .

(i) A statement of formal polygraph training as provided in s. 493.566;

(j) A full set of fingerprints and a photograph of the signatory taken within the 2 years immediately preceding the submission of the application;

(k) A statement of the internship experience of the signatory as required by s. 493.566(5), signed by the licensed supervising examiner;

(l) A statement of any or all arrests of the signatory; and

(m) Such further facts as may be required by the department to show that the person signing the application is of good moral character.


repealed (expires) on July 1, 1990, and shall lie reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

'493.566 License requirements.-An applicant is qualified to receive a license as a detection of deception examiner if he:

(1) Is at least 18 years of age; (2) Is of good moral character; (3) . Has at least 2 years of attendance at a univer

sity, college, or junior college recognized and approved by the department; however, this requirement may be waived for those persons who have a high school diploma and 2 years' experience as an investigator or detective;

(4) Has satisfactorily completed a formal training course of at least 6 weeks' duration at an examiner's school instructing in the use of an instrument as described in s. 493.561(5), which school must be recognized and approved by the department; and

(5) Has completed a minimum of 1 year as a licensed intern examiner under the supervision of a licensed examiner in this state.·



'493.567 Reciprocity.-A person who is a detection of deception examiner licensed under the laws of another state or territory of the United States may be issued a license by the department, at its discretion, upon payment of the fee as provided under s. 493.57 and the production .of satisfactory proof that:

(1) The applicant is at least 18 years of age; (2) The applicant is of good moral character; (3) The requirements for the licensing of examin

ers in the particular state or territory of the United States were, at the date of licensing, substantially equivalent to the requirements then in force in this state;

(4) The applicant had lawfully engaged in the administration of detection of deception examinations under the laws of such state or territory for at least 5 years prior to his application for a license hereunder; and · .

(5) Such other state or territory grants similar reciprocity to licenseholders in this state.



690


pursuant to the Regulatory Reform Act of 1976, as amended.

1493.568 Licensee's insurance.-No detection of deception examiner license shall be issued unless the applicant first files with the department a certificate of insurance as provided for in s. 493.31. The insurance shall cover any intern supervised by the examiner.

History.-ss. 2, 7, ch. 80·268. 'Note.-Section 7, ch. 80·268, provides, in effect, that this section shall stand


'493.569 Polygraph intern license.-An internship license shall be issued for a period of 1 year to an applicant who has met all the qualifications set forth in ss. 493.565 and 493.566 and who has paid the license fee for the purpose of permitting the applicant to receive training as a detection of deception examiner under the supervision of a licensed examiner.

History.-ss. 2, 7, ch. 80·268. 'Note.-Section 7, ch. 80·268, provides, in effect, that this section shall stand


1493.57 Fees.-The department, by rule, shall establish biennial fees for licenses, which shall not exceed the following:

(1) Detection of deception examiners: $150. (2) Detection of deception intern: $30.

History.-ss. 2, 7, ch. 80·268. 'Note.-Section 7, ch. 80-268, provides, in effect, that this section shall stand


'493.571 Approval of schools.-(1) Each person, partner, or corporate officer

who owns or directs the business of a polygraph school shall, before departmental approval of such school, file with the department a written application accompanied by an application fee to cover costs in an amount to be determined by rule. The fee shall not be rebatable.

(2) The written application shall be in accordance with the following provisions, and the application shall be signed and verified by the individual and shall contain the following information:

(a) Full name and title-of position; (b) The address of the principal place in which

the business is to be conducted; (c) The name under which the business is to be

conducted; (d) A full set of fingerprints and a photograph of

the signatory taken within the 2 years immediately preceding the submission of the application;

(e) A statement of any or all arrests ofthe signatory;

(f) Proof that the person holds a valid detection of deception examiner's license;

(g) Such further facts relating to the facilities and curriculum of the proposed school as the department may require; and

(h) Such further facts as may be required by the department to show that the person signing the application is of good moral character.



pursuant to the Regulatory Reform Act of 1976, as amended.

1493.572 Investigation of applicant by Department of State.-The department shall make such individual investigations of applicants for licenses under this part as it may deem necessary.

History.-ss. 2, 7, ch. 80-268. • Note.-Section 7, ch. 80-268, provides, in effect, that this section shall stand

repealed (expires) on July 1, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amen'ded.

'493.573 License; contents and posting.-(1) The license issued pursuant to this part shall

be in such form as may be determined by the Department of State, but shall at least specify the applicant's name, the type and number of the license, the address of the principal place of business, and the date on which the license will expire. The license shall be renewed biennially. The department may prorate license fees.

(2) The license shall at all times be posted in a conspicuous place in the principal place ofbusiness of the licensee in this state. Each agency shall display in a place that is in clear and unobstructed public view a notice stating that the business operated at this location is licensed and regulated by the Department of State and that any questions or complaints should be directed to the department; the department shall adopt rules to ensure that the notice is displayed in a. place where a client of the agency would be most likely to see it.



'493.574 Renewal of licenses.-Licenses granted under this part may be renewed by the Department of State in the same manner and under the same provisions as provided in s. 493.313.

Hjstory.-ss. 2, 7, ch. 80-268. 'Note.-Section 7, ch. 80-268, provides, in effect, that this section shall stand

repealed (expires) on July 1, 1990, and shall be reviewed by· the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

1493.575 Disciplinary proceedings.-The Department of State may take the same disciplinary actions based upon the same grounds as set forth in s. 493.319.

History.-ss. 2, 7, ch. 80-268. 1Note.-Section 7, ch. 80-268, provides, in effect, that this section shall stand


'493.576 Violation; penalty.-Any person who violates any provisions of this part is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. ·

History.-ss. 2, 7, ch. 80-268. • Note.-Section 7, ch. 80-268,. provides, in effect, that this section shall stand

repealed (expires) on July 1, 1990, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended .

• '493.577 Construction of part II; admissibil

ity of evidence.-This part does not authorize or imply the admissibility into evidence of the results of a polygraph examination in a judicial proceeding.



691

s. 493.57!7 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 498.033

pursuant to the Regulatory Reform Act of I976, as amended.

493.579 Saving clauses.-(!). No judicial or administrative proceeding

pendmg on ·July 1, 1980, shall be abated as a result of the repeal and reenactment of this chapter.

(2) All licenses valid on the effective date of chapter 80"268, Laws ofFlorida, shall remain in full force and effect. Henceforth, all licenses shall be applied for and renewed in accordance with this act.

History.7 s. 6, ch. 80-268.

CHAPTER 498

LAND SALES PRACTICES

498.033 Registration of subdivided lands.

1498.033 Registration of ~ubdlvided iands.(1) If a subdivider registers additional subdivided

lands to be offered for disposition, he may consolidate the subsequent registration with any earlier registration offering subdivided lands for disposition un~er th~ s~e pr<?motional plan if the subsequent regJ.stratwn IS conti~ous to the earlier registration or is part of the same master plan. .

(2) Each order of registration issued pursuant to this chapter shall contain a statement that the subdivider agrees to comply with all obligations of the ~ubdivider contained in the purchase contract, offermg statement, and registration statement.

(3) After an order of registration has been issued no material change, alteration, or modification of the offering shall be made by the subdivider without fir~t notifying the division in.~r~ting and obtaining wntten approval from the diVISlOn. Such approval shall not · be unreasonably withheld, and in any event a decision shall be rendered within 20 days from the date adequate information has been provid-ed the division by the subdivider. ·

(4) If the subdivided lands, or any portion thereof, are subject to the permit requirements of chapter 253, chapter 373, chapter 380, or chapter 403 the subdivider shall, prior to the entry of an order ;egistering the subdivided lands, furnish evidence satisfactory to the division that all permits required by law have been obtained. The applicant may submit an attorney's opinion, prepared by a member of The Florida Bar, which states that permits are not required for the subdivision by chapter 373, chapter 380, or chapter 403. The attorney's opinion shall inc~ude the factual basis upon which it was rendered and shall be accompanied by the evidence which documents the basis on which it was rendered. Notwith~tB;n.ding receipt of such an attorney's opinion, the d1v1s1on may order that a public hearing be held p~r~uant to chapter 120 for the purposes of determmmg whether such permits are required. If a dett;r~~nation is ma~e that permits are required, the d1v1s10n may require that the 'permits be obtained prior to the issuance of an order of registration. Extensions of the permits referred to herein shall be governe~ by the provi~ions of the relevant chapter. Revocatwn or suspenswn of any such permit shall

require the subdivider to so notify the division within 7 days of such revocation or suspension. The division shall issue a notice to show cause and, upon · request, provide for a hearing in accordance with the provisions of chapter 120.

(5) If the subdivided lands or any portion thereof are subject to the certification 'requirements of the Federal Water Pollution Control Act (Pub. L. No. 92-500), the subdivider shall, prior to the entry of an order by the division registering the subdivided lands, furnish evidence satisfactory to the division that state certificates required by the Federal Water Pollution Control Act have been obtained. ·

(6) The subdivider shall furnish the purchaser an agreement for deed in recordable form. If the subdivided· lands or any portions thereof are subject to agreement fo: deed, the subdivider or purchaser may record this agreement for deed upon expimtion of the refund provision contained in said contract agreement.

(7) Each. registral?-t shall, unless ·the requirements of this subsectwn are waived by the division in writing, provide the division with financial statements, audited by an independent certified public accountant registered in a state of the United States, not later than 5 months after the end of the registrant's fiscal year. The registrant's statement shall be accompanied by the accountant's opinion of the statements. The requirement for filing financial s~a~e!llen?> tha.t _are ~udited may be waived by the d1v1s1on m wntmg· If alJ promised improvements have been completed; the property is free and clear of any lien, mortgage, or other encumbrance· and the ~ivision determines that purchasers will n'ot be required to rely upon the financial condition of the regist:a!l~ for the fulfill~ent of contract obligations. The diviswn shall estabhsh by rule the criteria for wai~er. Such waiver, when granted, is valid for a period ofl ye_ar and may .be extended by the division upo~ a. showmg. ~Y the registrant that the original quahfymg conditions for such waiver still exist. If the exte:qsion is not applie~ for and granted at least 30 ~ays prior to the end of such 1-year peiiod, the registrant shall submit audited financial statements in accordan~e with the provisions of this chapter. Upon the failure of any registrant to comply with the provisions of this subsection, the division shall i~sue a notice ~o s~ow cause and, upon request; proVIde for a hearmg m accordance with the provisions of chapter 120.

History.-s. I2, ch. 63-I29; s. 11, ch. 67-229; s. 2, ch. 69-393; s. 2, ch. 71-98; s. 1, ch. 73-51; s. 1, ch. 73-52; ss. 1, 2, 4, ch. 'l'3-348;i1. 1, ch. 74-179; s. 3, ch. 76-I68; ss. 8-10, ch. 76-262; s. 177, cb. 77-104; s. 1, ch. 77-174; s. 1, ch. 77-457; s. 4, ch. 7~366; s. 87, ch. 7~5; ss.' 15, 30; 32, ch. 79-347; s. 1, ch. 80-120.

Note.--Sectwn 32, ch. 79-347, m effect prov1des that this section is repealed on July I, I985, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of I976, as amended.

Note.-Former s. 478.121(2)-(8).

CHAPTER 500

FOODS, DRUGS, AND COSMETIC$

500.11 Food deemed· misbranded. 500.1516 Dimethyl sulfoxide (DMSO); ·manufac

ture, distribution, delivery, possession,

692


500.16 500.462

500.466

sale, and use lawful under specified conditions.

Sale, etc., of new drugs; exceptions. Drug products in finished, solid, oral dos

age form; identification requirements. Dimethyl sulfoxide (DMSO) manufactur

ers; regulation; inspection; fees.

500.11 Food deemed misbranded.-(1) A food is deemed to be misbranded: , (a) If its labeling is false or misleading in any

particular; provided, however, that corn meal shall not be considered misbranded because of its being labeled "Water Ground," where such corn meal so labeled shall have been ground on rocks having a diameter of not less than 42 inches and which revolve during the grinding of same at a speed not greater than 186 revolqtions per minute. '

(b) If it is offered for sale under the name of another food.

(c) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the words "imitation" and, immediately thereafter, the name of the food imitated.

(d) If its container is so made, formed, or filled as to be misleading.

(e) If in package form, unless it bears a label containing:

1. The name and place of business of the manufacturer, packer, or distributor;

2. An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under this subparagraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the department. .

(f) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(g) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by s. 500.09; unless ·

1. It conforms to such definition and standard; and

2. Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food.

(h) If it purports to be or is represented as: 1. A food for which a standard of quality has

been prescribed by regulations as provided by s. 500.09 and its quality falls below such standard un

of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard.

(i) lf it is not subject to the provisions of subsection (7), unless its label bears:

1. The common or usual name of the food, if any there be; and

2. In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; provided, that, to the extent that compliance with the requirements of this paragraph is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the department with the advice and consent of the state chemist.

G) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the department determines to be, and by regulations prescribes as, necessary in order to fully inform purchasers as to its value for such uses.

(k) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the department with the advice and consent of the state chemist.

(l) If it is a fresh fruit or vegetable not labeled in accordance with the provisions of s. 504.012 or not otherwise labeled in such a manner as to indicate to an ultimate purchaser the country of origin.

(2) When soft drinks are offered for sale in sanitary returnabl(:) or nonreturnable containers, sealed or securely capped, impervious to contamination by leakage or contact with foreign substances, and when the trade name, net content, and declaration of artificial flavor or color, when used, appear on the principal display panel, which may be the cap, crown, lid, or side of the container of said drinks, and when the manufacturer, at least once every year and oftener when required by the department, files with said department an affidavit stating the trade names of such drinks manufactured by him and the territorial limits in the state within which said drinks are offered for sale, the provisions of this chapter requiring additional labeling and branding of said drinks shall not apply. However, nothing in this subsection shall in any manner otherwise restrict, modify, or impair the jurisdiction and authority of the department over said drinks as food products and the conditions pertaining to the manufacture of same.

History.-s. 11, ch. 19656, 1939; CGL 1940 Supp. 4151(674); s. 1, ch. 2S723, 1951; s. 1, ch. 28269, 1953; s. 30, ch. 63-572; s. 1, ch. 69-26; ss. 14, 35, ch. 69-106; s. 1, ch. 80-76. cf.-s. 601.99 Misbranding citrus fruit.

less its label bears, in such manner and form as such 500.1516 Dimethyl sulfoxide (DMSO); manuregulations specify, a statement that it falls below facture, distribution, delivery, possession, sale, such standard; or and use lawful under specified conditions.-Un-

2. A food for which a standard or standards of fill der specified conditions, the manufacture, distribuof container have been prescribed by regulation as tion, delivery, possession, sale, and use of dimethyl provided by s. 500.09 and it falls below the standard sulfoxide (DMSO) is lawful within -this state. Di-

693


methyl sulfoxide (DMSO) may be delivered or· sold only through a prescription issued by a physician licensed under chapter 458 or chapter 459. The label or other device affixed to a container containing dimethyl sulfoxide (DMSO) shall specify the disorders for which the Food and Drug Administration of the United States Department of Health, Education, and Welfare has approved the use of dimethyl sulfoxide (DMSO) as a treatment or cure.

History.-s. 1, ch. 80-340.

500.16 Sale, etc., of new drugs; exceptions.(!) No person shall sell, deliver, offer for sale,

hold for sale, or give away any new drug unless: (a) An application with respect thereto has be

come effective under s. 505 of the federal act, or (b) When not subject to the federal act, such drug

has been tested and has not been found to be unsafe for use under the conditions prescribed, recommended, or suggested in the labeling thereof, and prior to selling or offering for sale such drug, there has been filed with the Department of Health and Rehabilitative Services an application setting forth:

1. Full reports of investigations which have been made to show whether or not such drug is safe for use;

2. A rulllist ofthe articles used as components of such drug;

3. A full statement of the composition of such drug;

4. A full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug;

5. Such samples of such drug and the articles used as components thereof as the Department of Health and Rehabilitative Services may require; and

6. Specimens of the labeling proposed to be used for such drug. ·

(2) An application provided for in paragraph (1)(b) shall become effective on the 60th day after the filing thereof, except that if the Department of Health and Rehabilitative Services finds after due notice to the applicant and giving him an opportunity for a hearing, that the drug is not safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof, he shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective.

(3) This section shall not apply: (a) To a drug intended solely for investigational

use by experts qualified by scientific training and experience to investigate the safety in drugs provided the drug is plainly labeled "For investigational use only." ·

(b) To a drug sold in this state at any time prior to the enactment of this chapter or introduced into interstate commerce at any time prior to the enactment of the federal act.

(c) To any drug which is licensed under the Virus, Serum, and Toxin Act of July 1, 1902, (U.S.C. 1958 ed. Title 42, chapter 6A, s. 262).

(d) To amygdalin (laetrile), unless the 1State Boards of Medical Examiners and Osteopathic Medical Examiners, in a hearing conducted under the provisions of chapter 120, have made a formal finding that amygdalin (laetrile) is harmful.

(e) To dimethyl sulfoxide (DMSO). (4) An order refusing to permit an application

under this section to become effective may be revoked by the Department of Health and Rehabilitative Services.

History.-s. 16, ch. 19656, 1939; CGL 1940 Supp. 4151(679); s. 4, ch. 63-158; ss. 19, 35, ch. 69-106; s. 422, ch. 77-147; s. 3, ch. 79-57; s. 2, ch. 80-340.

'Note.-Chapter 79-302 abolished the State Board of Medical Examiners and established the Board of Medical Examiners, .and chapter 79-230 abolished the State Board of Osteopathic Medical Examiners and established the Board of Osteopathic Medical Examiners.

500.462 Drug products in finished, solid, oral dosage form; identification requirements.-'-

(!) No drug product in finished, solid, oral dosage form for which a prescription is required by federal law may be manufactured or commercially distributed within this state unless it has clearly and prom'inently marked or imprinted on it an individual symbol, number, company name, words, letters, marking, National Drug Code, or any combination thereof, identifying the drug product and the manufacturer or distributor of the drug product.

(2) Manufacturers or distributors shall make available· on request to the Department of Health and Rehabilitative Services descriptive material which will identify each current imprint used by the manufacturer or distributor.

(3) The Department of Health and Rehabilitative Services, upon application by a manufacturer or distributor, may exempt a particular drug product from the requirements of subsection (1) on the ground that imprinting is not feasible because of the size, texture, or other unique characteristic of such drug product.

(4) The provisions of this section shall not apply to drug products compounded in a pharmacy operating under a permit issued by the Board of Pharmacy by a pharmacist licensed under chapter 465.

(5) This section shall apply to drug products manufactured after January 1, 1982.

(6) The Department of Health and Rehabilitative Services shall promulgate rules for implementing the provisions of this section.

History.-ss. 1-6, ch. 80-245.

500.466 Dimethyl sulfoxide (DMSO) manufacturers; regulation; inspection; fees.-The Department of Health and Rehabilitative Services shall:

(1) Adopt rules outlining minimum standards for manufacturers in preparing, compounding, processing, and packaging dimethyl sulfoxide (DMSO).

(2) Conduct unannounced inspections of the facilities used to manufacture dimethyl sulfoxide (DMSO) at least annually.

(3) Establish a biennial licensing fee to be collected from each manufacturer to defray the total cost of the licensing and inspections of the facilities.

History.-s. 3, ch. 80-340.

694

s. 501.0115 1980 SUPPLEMENTTO FLORIDA STATUTES 1979 s. 501.012

501.0115

501.012 501.1375

CHAPTER 501

CONSUMER PROTECTION

PART I

GENERAL PROVISIONS

Service station credit cards and franchise agreements; certain restrictions on sales and purchasers pz:ohibited.

Contracts for health studio services. Deposits received for purchase of residen

tial dwelling units; placement in escrow required; exceptions.

501.0115 Service station credit cards and franchise agreement~; certain restrictions on sales and purchasers prohibited.-It shall be unlawful and shall be deemed a deceptive trade practice for any producer or refiner or a subsidiary of any producer or refiner to distribute credit cards, as defined ins. 501.011, intended to be used by credit card holders for the purchase of motor fuel, goods, or services from retail service stations, whether or not owned or operated by the producer or refiner or a subsidiary thereof, unless such credit card is valid for purchases of all motor fuel at each such retail service station. It shall be unlawful for any producer or refiner or a subsidiary thereof to include any restrictions on credit card sales in any franchise agreements with retail service stations which restrictions are not equally applicable to sales of all types of motor fuels sold at such retail service stations. Any person violating the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. The Department of Legal Affairs or any state attorney is authorized to seek an injunction to prevent the distribution or continued use of credit cards in violation of this section during any litigation contesting the validity thereof. The penalties provided by this section are in addition to any civil remedies otherwise provided by law.

History.-s. 12, ch. 80-77.

501.012 Contracts for health studio services.-

(1) The Legislature finds and declares that there exist in connection with a substantial number of contracts for health studio services certain practices and business and financing methods which have worked undue financial hardship upon some of the citizens of our state and that existing legal remedies are inadequate to correct existing problems in the industry. The Legislature finds and declares that the health studio industry has a significant impact upon the economy and well-being of the people of the state and that the provisions of this section regulating health studio contracts are necessary for the public welfare.

(2) For purposes of this section, the following terms shall have the following meanings, unless the context requires otherwise:

(a) "Health studio" means and includes any person, firm, corporation, organization, club, or association engaged in the sale of instruction, training, or assistance in a program of physical exercise, which

may include the use of a sauna, whirlpool bath, weight-lifting room, massage, steam room, or other exercising machine or device. The term also includes any person, firm, corporation, organization, or association engaged in the sale of the right or· privilege to use exercise equipment or facilities, such as a sauna, whirlpool bath, weight lifting room, massage, steam room, or other exercising machine or device. "Health studio" does not include bona fide nonprofit organizations which have been granted tax-exempt status by the Internal Revenue Service, including, but not limited to, the Young Men's Christian Association, Young Women's Christian Association, or other similar organizations, whose functions as health studios are only incidental to their overall functions and purposes.

(b) "Health studio services" means and includes services, privileges, or rights offered for sale or provided by a health studio.

(3) Every contract for the sale of health studio services shall be in writing arid shall contain the following contractual ptovisions to the contrary notwithstanding:

(a) A provision for the penalty-free cancellation of the contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to the health studio, and refund upon such notice of all moneys paid under the contract, except that the health studio may retain an amount computed by dividing the number of complete days in the contract term or, if appropriate, the number of occasions health studio services are to be rendered into the total contra<;t price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that health studio services have been rendered.

(b) A provision for the cancellation of the contract if the health studio goes out of business and fails to provide facilities within 5 miles of, or moves its facilities more than 5 miles from, the location designated in such contract, upon written notice by the buyer, with refund upon such notice of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.

(c) A provision for the cancellation of the con" tract if the buyer dies or becomes totally and permanently disabled during the membership term following the date of such contract, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require a buyer or the buyer's estate seeking relief under this subsection to provide reasonable proof of total and permanent disability or death.

(d) A provision that the contract .shall not be for a period in excess of 36 months, but may be tenewable at the end of each 36-month period of time.

(4) Upon entering into a contract for health studio services, the buyer shall be provided with a written contract, which shall include the name, address,

695


and primary place of business of the health studio. Prior to entering into any such contract, the health studio shall also provide the buyer with a current copy of any rules and regulations applicable to the buyer's use of the health studio.

(5) The provisions of this section shall not apply to any contracts for health studio services entered into before the effective date of this act, or to the subsequent renewals of said contracts.

(6) Every health studio which sells contracts for health studio services shall, during any period prior to opening and for a period of 3 years after commencement of business:

(a) Maintain a bond issued by a surety company admitted to do business in this state. The principal sum of the bond shall be $25,000, and the bond, when required, · shall be obtained before an occupational license may be issued under chapter 205. The bond shall be in favor of the state for the benefit of any person injured as a result of a violation of this section. The aggregate liability of the surety to all persons for all breaches of the · conditions of the bonds provided herein shall in no event exceed the amount of the bond.

(b) In lieu of maintaining the bond required in paragraph (a), the health studio may furnish to the Department .of Agriculture and Consumer Services a copy of its financial statement, certified by its president or principal to be true and correct; letter of credit from any foreign or domestic bank; guaranty; or other documentation establishing sufficient financial responsibility in at least the amount of the bond required under paragraph (a) as will enable the health studio to satisfy the possible claims against the bond allowed by paragraph (a). In the event the health studio is controlled by, under common control with, or controls other corporations, and such other corporations agree in writing to satisfy the claims against a bond allowed by paragraph (a), then the financial responsibility of such other corporations shall be considered in determining compliance with this section. The department shall decide whether the information furnished in lieu of bond by the health studio is in compliance with the requirements of this subsection.

(c) During the period of maintenance of the bond or the furnishing of documentation establishing sufficient financial responsibility for a waiver of the bond, the health studio annually shall file, as appropriate, with the Department of Agriculture and Consumer Services evidence that the bond remains in force or a copy of its financial statement, certified by its president or principal to be true and correct.

(7) The amendments to this section by chapter 78-419, Laws of Florida, shall not apply to any contracts for health studio services entered into before July 1, 1978, or to subsequent renewals of such contracts.

(8) Any health studio violating the provisions of this section is guilty of a misdemeanor of the .first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(9) The Department of Agriculture and Consumer Services may institute proceedings in the appropriate circuit court for injunctive relief to enforce this act.

(10) The amendments to this section by chapter 80-49, Laws of Florida, shall not apply to a health studio which has operated at the same location under the same ownership since July 1, 1977.

History.-s. 1, ch. 77·432; ss. 1, 2, ch. 78-419; s. 1, ch. 80·49.

501.1375 Deposits .received for purchase of residential dwelling units; placement in escrow required; exceptions.-

(!) · DEFINITIONS.-(a) "Building contractor" means any person who,

for compensation, constructs and sells one-family or two-family residential dwelling units, except for a person who sells or constructs less than 10 units per year statewide.

(b) "Developer" means either a building contractor who offers new residential dwelling units for sale or any person who offers a new one-or two-family residential dwelling unit for sale, except for·a person who sells or constructs less than 10 units per year statewide.

(c) "Closing" means tlfat point in time at which legal title to the real property shall transfer from grantor thereof to grantee. ·

(d) "Default" means the failure of the buyer to close the transaction after issuance of the certificate of occupancy or the failure of the buyer to comply with any of the buyer's obligations under the terms of the purc;hase contract. ·.

(e) "Escrow" or "to place in escrow" means the delivery to or deposit with a third party, the escrow holder, of money or documents to be held and disbursed by.such escrow agent consistent with the pro-visions of this section. ·

(2) NOTICE TO BUYER OF RIGHT TO HAVE DEPOSIT PLACED IN ESCROW ACCOUNT.-In all offers to purchase, sales agreements, or written contracts made between a building contractor or a developer and a prospective buyer of a one-family or two-family residential dwelling unit, the building contractor or developer shall notify the prospective buyer that any deposit (up to 10 percent of the purchase price) made by the buyer to the building contractor or developer shall, unless waived in writing by the buyer, be deposited in an escrow account with a savings and loan association, bank, or trust company, an attorney who is a member of The Florida Bar, a licensed Florida real estate broker, or a title insurance company authorized to insure title to real property in this state. The escrowed funds may be deposited in separate accounts or commingled with other escrow or trust accounts. Any such offer, agreement, or contract used by the building contractor or developer with respect .to the sale of a one-family or twofamily residential dwelling unit shall contain the following legend in conspicuous type: THE BUYER OF A ONE-FAMILY OR TWO-FAMILY RESIDENTIAL DWELLING UNIT HAS THE RIGHT TO HAVE ALL DEPOSIT FUNDS (UP .TO 10 PERCENT OF THE PURCHASE PRICE) DEPOSITED IN AN INTEREST-BEARING ESCROW ACCOUNT. THIS RIGHT MAY BE WAIVED, IN WRITING, BY THE BUYER.

(3) ESCROW ACCOUNTS; INTEREST RATE; WITHDRAW ALS.-In the event that the buyer of a one-family or two-family residential dwelling unit does not waive his right to have deposits placed in an

696


escrow account, the building contractor or developer shall place the funds (up to 10 percent of the purchase price) in an escrow account bearing interest at 1no less than the passbook rate of interest. The account shall be in the name of the building contractor or developer and the purchaser and shall be clearly denoted on the records ofthe escrow holder as an escrow account. All withdrawals from the account shall require the signatures of both the building contractor or developer and the buyer or his agent, except as provided herein. ·

(4) RIGHT TO INTEREST; USE OF ESCROWED FUNDS; SURETY BOND.-When money has been placed in an interest-bearing escrow account pursuant to this section, the building contractor. or developer shall be entitled to all interest accrued by the account, payable at closing: When the building contractor or developer desires to use escrowed funds for building purposes, · after notification to the buyer, the building contractor or developer shall acquire a surety bond issued by a company licensed to do business in this state, if such a bond is readily available in the open market, payable to the buyer in the amount of the escrow deposit; and the funds in the escrow deposit shall thereafter be released to the building contractor or developer for construction purposes only. In the case where no surety bond is available, the building contractor or developer may borrow money in an amount equal to the funds held in escrow for construction purposes only, in which case any interest which the building contractor or developer pays on such a loan for. a period not to exceed 12 months shall be paid by the buyer at the time of closing, but the buyer shall be credited for any interest accrued on the escrow account.

(5) MASTER SURETY BOND.-In lieu of and as an alternative to the requirements of subsection (4), a blanket or master surety bond issued by a company licensed to do business in this state may be acquired by the builder or developer, in an amount equal to or greater than the total amount of escrow deposits received by the builder or developer pursuant to this section. The buyer shall be debited at closing in an amount equal to the premium for the applicable portion of the bond securing his deposit. Bond rates charged under this subsection shall be subject to the provisions of part I of chapter 627 of the Florida Insurance Code.

(6) ACCOUNTABILITY OF ESCROW HOLDER FOR USE OF ESCROWED FUNDS.-No escrow holder, bonding company, or lending institution referred to in this section shall be chargeable with the use to which a builder or developer puts escrowed funds. ·

(7) RELEASE OF DEPOSIT MONEYS.-Funds in an interest-bearing escrow account shall be released without the signatur~ of both the building contractor or developer and the buyer only under the following conditions:

(a) Pursuant to subsection (4). (b) Pursuant to subsection (5). (c) If the buyer properly terminates the contract

pursuant to its terms, the funds, including accrued interest, shall be paid to the buyer:

(d) If the buyer defaults in the performance of his

obligations under the contract of purchase and sale, the funds shall be paid to the building contractor or developer together with any interest earned, in the following manner: The builder or developer may, upon default of the buyer to comply with the terms and conditions of the written contract between the parties, and if the builder or developer is not in default, withdraw any funds being held in escrow pursuant to said written agreement. In order to make such withdrawal, the builder or developer shall send written notice by certified mail to the buyer of his intention to make said withdrawals at least 72 hours prior to the intended time of withdrawal. After this 72-hour period, the builder or developer, upon presentation to the escrow holder of a· withdrawal slip and the passbook, if any, together with an affidavit certifying that the buyer is in default and that the builder or developer is not in default, may withdraw the escrowed funds. The escrow holder, upon receipt of these items, shall release the funds to the builder or developer. The escrow holder shall not be. liable for the release of the funds pursuant to this subsection.

(e) If the funds of the buyer have not been pniviously disbursed in accordance with this subsection, they shall be disbursed to the b1,1ilding contractor or developer at the closing of the transaction.

(8) NO RIGHT OF LIEN, SUBROGATION, OR CLAIM.-

(a) An escrow deposit or surety bond purchased pursuant to this section shall not be subject to any mechanic's lien or lien of any lending institution (except if contracted for by the buyer) or subrogation in the case of default.

(b) In the event that closing occurs with respect to a sale under this section, the buyer shall then have no right to place a claim on any escrowed funds for breach of contract.

(9) PENALTIES.-Any person who removes any escrowed funds from an account in violation of the provisions of this section and without the signature of the building contractor or developer and the buyer, except as provided in this section, is guilty ·of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(10) CIVIL ACTIONS.-In the event of any civil litigation arising under this section, the prevailing party shall be entitled to attorn,ey's fees and costs. Escrow-account interest shall continue to accrue to the benefit of the building contractor or developer on said escrow account during the pendency of any such litigation, except in the event of a ruling adver~e to the building contractor or developer.

(11) STATE STANDA.RDS.-The provisions of this section constitute maximum statewide standards.

(12) EXEMPTIONS.-This section shall not apply to those deposits, as defined herein, which are placed in an escrow account required by the Federal Housing Administration or the Veterans Administration, 'and those deposits made to licensed real estate brokers pursuant to this section shall be deposited in accordancewith the provisions of chapter 475.

697


History.-ss. 1-7, ch. 80-386. 1Note.-The words uno less than" were substituted for "a minimum" by the

editors.

CHAPTER 502

MILK AND MILK PRODUCTS

502.012 Definitions. 502.018 Filled milk or filled milk products; label-

ing requirements. 502.031 Permits. 502.041 Labeling and advertising. · 502.051 Inspection of dairy farms and milk plants. 502.052 Inspections; administrative procedures. 502.055 Dairy farms and milk plants; departmen-

tal jurisdiction for onsite inspections. 502.061 The examination of milk and milk prod-

ucts. 502.062 Enforcement; administrative procedures. 502.071 Standards for miik and rriilk products. 502.081 Animal health. 502.091 Milk and milk products which may be sold. 502.101 Transferring; delivery containers; cooling. 502.111 Milk and milk products from points be-

yond the limits cif routine inspection. 502.131 Personnel; health. 502.141 Procedure when infection is suspected. 502.161 Industry trade products. 502.171 Enforcement and expenses. 502.191 Rules. 502.222 Official information confidential.

502.012 Definitions.-(!) The following definitions shall apply in the

interpretation and enforcement of this law: ~a) "Department" is the Department of Agricul

ture and Consumer Services, which has jurisdiction and control over the matters embraced within this chapter.

(b) "Raw milk" is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, which contains not less than 8.25 percent milk solids-not-fat and not less than 3 percent milkfat. Milkfat or butterfat is the fat of milk.

(c) "Filled milk" or "filled milk products" means any milk, cream, skimmed milk, whey, or lactose, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added or blended, or which has been compounded with, any fat or oil other than milkfat, whether in bulk or in containers, hermetically sealed or unsealed. This definition shall not be held or construed to mean or include any milk or cream from which no part of the milk or butterfat has been extracted, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, to which has been added any substance rich in vitamins, or any distinctive proprietary food compound not readily mistaken for milk or cream or for condensed, evaporated, concentrated, powdered, dried, or desiccated milk or cream, provided such compound is:

1. Prepared and designed for the feeding of in-

fants, young children, or sick or infirm persons and customarily used on the order of a physician; and

2. Packed in individual containers bearing a label which states in bold type that the contents are to be used for said purposes.

Nothing in this definition shall be held or construed to prevent the use, -blending, or compounding of flavors with milk, cream, or skimmed or desiccated milk, whether in bulk or in containers, hermetically sealed or unsealed, to or with which has been added, blended, or compounded no other fat or oil than milk or butterfat. ·

(2) The department shall by rule establish definitions for the products known as "cottage cheese," "dry curd cottage cheese," and "lowfat cottage cheese" which shall conform so far as practicable with, and shall not be inconsistent with, the federal definitions found in 21 C.F.R. ss. 133.128, 133.129, 133.131, respectively. State definitions for these products shall be amended from time to conform similarly to the federal definitions.

History.-s. 2, ch. 67-263; ss. 14, 35, ch. 69-106; s. 1, ch. 70-247; ss. 2, 3, ch. 71-211; s. 187, ch. 71-377; s. 1, ch. 73-356; s. 1, ch. ·75-14; s. 1, ch. 76-282; s. 1, ch. 77-174; ss. 1, 7, ch. 80-83.

502.018 Filled milk or filled milk products; labeling requirements.-In the labeling of filled milk or filled milk products, the specific name of the product shall be substituted for the generic term "filled milk" or "filled milk products,'.' e.g., "homogenized filled milk," "filled skim milk,'' "filled chocolate milk," "filled chocolate lowfat milk," etc. Also, on the package containing any filled milk or filled milk product, the amount and name of fat contained in such product shall be stated.

History.-s. 1, ch. 80-83.

502.031 Permits.-[Repealed by s. 8, ch. 80-.83.]

502.041 Labeling and advertising.-[Repealed by s. 8, ch. 80-83.]

502.051 Inspection of dairy farms and milk plants.-[Repealed by s. 8, ch. 80-83.]

502.052 Inspections; administrative procedures.-[Repealed by s. 8, ch. 80-83.]

502.055 Dairy farms and milk plants; departmental jurisdiction for onsite inspections.-It is the intent of the Legislature to eliminate, to the extent practicable, overlapping and duplicative inspections of dairy farms and milk plants as defined by rule of the department pursuant to s. 502.191, performed by the several agencies of state and local governments. In furtherance of this goal, primary responsibility and jurisdiction for all onsite inspections of dairy farms and milk plants required by this chapter shall be made by the Department of Agriculture and Consumer Services. However, the Department of Health and Rehabilitative Services and local health agencies shall cooperate with and advise the Department of Agriculture and Consumer Services in all matters relating to preservation of public health. The Department of Agriculture and Consumer Services shall designate members of the depart-

698

.s. 502.055 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 502.161

ment who shall be certified by the U.S. Public Health Service, Food and Drug Administration, as state milk sanitation officers and who shall conduct routine sanitation-compliance survey ratings df milk producers and milk plants. These ratings shall be made in accordance with recommendations of the U.S. Department ofHealth, Education, and Welfare, Public Health Service, Food and Drug Administration, published in "Methods of Making Sanitation Ratings of Milk Sheds."

History.-s. 1, ch. 74-370; s. 2, ch. 76-235; s. 3, ch. 80-83.

502.061 The examination of milk and milk products.-[Repealed by s. 8, ch. 80-83.]

502.062 Enforcement; administrative procedures.-[Repealed by s. 8, ch. $0-83.]

502.071 Standards for milk and milk products.-[Repealed by s. 8, ch. 80-83.]

502.081 Animal health.-[Repealed by s. 8, ch. 80-83.]

502.091 Milk and milk products which may be sold.-

(1) Only grade A pasteurized milk and milk products or certified pasteurized milk shall be sold to the final consumer or to restaurants, · soda fountains, grocery stores, or similar establishments. In an emergency, however, the sale of pasteurized milk and milk products which have not been graded, or the grade of which is unknown, may be authorized by the department, in which case such milk and milk products shall be labeled "ungraded." Further, if the milk from a producer is less than grade A for reasons offailure on the part of the producer to comply with sanitation or bacterial standards, as defined in this chapter, o:r if any specific shipment of milk from points beyond routine supervision fails to comply with standards of the Grade A Pasteurized Milk Ordinance, 1978, Recommendations of the United States Public Health Service, Food and Drug Administration, but is determined by the department to be fit for human consumption, such milk may be received into a milk plant, under written permit issued by the department, for use in ungraded products, such as frozen desserts, which are being processed by such milk plant. During processing of such milk, it shall be pasteurized at a temperature of at least 175° F. for at least 15 seconds or at least 160° F. for at least 30 minutes.

(2) Certified pasteurized milk is derived from certified raw milk which meets the latest requirements of the North American Association of Medical Milk Commissions, Inc.

(3) Milk that is in final package form for beverage use shall have been pasteurized and shall contain not less than 8.25 percent milk solids-not-fat and not less than 3.25 percent milkfat.

History.-s. 2, ch. 67-263; ss. 14, 35, ch. 69-106; s. 1, ch. 75-14; s. 4, ch. 80-83.

502.101 Transferring; delivery containers; cooling.-[Repealed by s. 8, ch. 80-83.]

502.111 Milk and milk products from points beyond the limits of routine inspection.-[Re-pealeq by s. 8, ch. 80-83.] ·

502.131 Personnel; health.-[Repealed by s. 8, ch. 80-83.]

502.141 Procedure when infection is suspected.-[Repealed by s. 8, ch. 80-83.]

502.161 Industry trade products.-(!) DEFINITION.-"Industry trade products"

means all food products having the semblance of milk or a milk product defined in this chapter but which do not come within the definition of"milk," a "milk product," "filled milk," or "filled milk product."

(2) LABELING.-Industry trade products shall be labeled with a fanciful name or any other descriptive name that accurately describes the product, but in no case shall an industry trade product be labeled

· as an imitation of any product defined in this chapter. An industry trade product which contains a milk-derived ingredient shall not bear on its label the words "nondairy product." An industry trade product which does not contain a milk-derived ingredient shall bear on its label the words ·~nondairy product" in type of uniform size and prominence, with the size to be at least one-fourth the size of the largest type on the carton immediately preceding or following the name of the food. No picture or representation of the animal genus bovine or ;my other · picture, symbol, mark, word, design, or representation commonly associated with dairy farming or any other phase of the dairy industry or associated with the production, sale, advertising; distribution, or marketing of milk, milk products, filled milk, or filled milk products, whether in liquid, powdered, frozen, or any other form, shall be used on any label of any industry trade product or in any advertisement forth~ sale of any industry trade product. The mere use of the manufacturer's name and symbol op. milk, a milk product, filled milk, or· a filled milk product shall not be sufficient to prohibit their use on an industry trade product if such use on milk, milk products, filled milk, or filled milk products was in effect on or before January 1, 1970.

(3) DISPLA Y.-All industry trade products sold in retail food stores shall be physically separated from milk, milk products, filled milk, and filled milk products, as defined in this chapter, by a partition or other device or divider in the dairy display case or other display area.

(4) HEALTH STANDARDS.-In the interest of public health, industry trade products shall comply with the manufacture, sanitation, and health standards of this chapter.

(5) UNLAWFUL LABELING OB. ADVERTISING.-It is unlawful for any person to advertise, package, label, sell, or offer for sale, or cause to be advertised, packaged, labeled, sold, or offered for sale, any industry trade product the advertising, packaging, or labeling of which contains any asser-

699


tion, representation, or statement which is untrue, deceptive, or misleading and which could cause consumers to think they are purchasing a grade A milk, milk product, filled milk, or filled milk product.

(6) PERMITS.-Any person engaged in the manufacture, distribution, or sale of industry trade products within this state shall obtain a permit in accordance with the provisions of the Grade A Pasteurized Milk Ordinance, 1978, Recommendations of the United States Public Health Service, Food and Drug Administration.

Hlstory.-s. 2, ch. 67-263; s. 1, ch. 70-78; s. 3, ch. 76-282; s. 1, ch. 77-174; s. 5, ch. 80-83.

502.171 Enforcement and expenses.-This chapter shall be enforced by the department, and, in connection therewith, the department is authorized to incur necessary expenses which shall be paid from the General Inspection Trust Fund.

Hlstory.-s: 2, ch. 67-263; ss. 14, 35, ch. 69-106; s. 3, c~- 76-235; s. 6, ch. 80-83.

502.191 Rules.-T}le department is authorized to define and establish standards for milk and milk products and to adopt rules to implement, interpret, . and make specific -the provisions of this chapter. Such rules .shall include provisions for the regulation of the production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all milk and milk products sold for ultimate consumption within the state or its jurisdiction; the inspection of dairy herds, dairy farms, and milk plants; and the issuance and revocation of permits to milk producers, haulers, and distributors. In adopting such rules and standards, the department shall be guided by, and may, to the extent practicable, conform to, the definitions and standards and all or any part of the administrative procedures and provisions of the appendices contained in-the Grade A Pasteurized Milk Ordinance, 1978, Recommendations of the United · States Public Health Service, Food and Drug Administration, and any addendum thereto.

Hlstory.-s. 2, ch. 67-263; ss. 14, 35, ch. 69-106; s. 5, ch. 70-247; s. 1, ch. 70-439; s. 7, ch. 80-83.

502.222 .. Official iliformation confidential.-It is unlawful for any person who in an official capacity obtains under the provisions of this chapter any information entitled to protection as a trade secret, including information as to quantity, quality, source, or disposition ·of milk or milk products, or results of inspections or tests thereof, to use such information to his own advantage or to reveal it to any unauthorized person. .

History.-s. 2; ch. 80-83.

CHAPTER 513

TOURIST CAMPS

513.10 Enforcement and penalties.

1513.10 Enforcement and penalties.-This chapter and the regulations adopted hereunder may be enforced in the manner provided in s. 381.031(3). Such regulations shall be a part of the Sanitary Code of Florida created by s. 381.031(1)(g)11. Violations of this chapter !md the rules and regulations adopted hereunder shall be subject tO the penalties provided in s. 381.411.

Hlstory.-s. 1, ch. 19365, 1939; CGL 1940 Supp. 7849(a); s: ,1, ch. 59-2i4; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 6, ch. 80-351.

'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective July 1, 1982, except for the possible effect of laws affecting this section prior to that date.

516.02 516.031 516.18 516.20 516.21

CHAPTER 516

CONSUMER FINANCE

Loans; rate of interest; license. Finance charge; maximum rates. Rate of interest or consideration. "Interest" defined. Restriction of borrower's indebtedness.

516.02 Loans; rate of interest; license.- '- · (1) No person shall engage in the business of

making loans· of money, credit, goods, or choses in action in the amount, or to the value of$2,500 or less, and charge, contract for, or receive a greater rate of interest than 18 percent per annuin therefor except as authorized by this chapter or other statute and without first obtaining a license from the department.

1(2) As amended by chapter 79-592, Laws of Florida, chapter 79-27 4, Laws of Florida, which amended subsection (1): .

(a) Shall apply only to loans, advances of credit, or lines of credit made on or subsequent to July·1, 1979, and to loans, advances of credit, or lines of credit made prior to that date if the lender has the legal right to require full payment or to adjust or modify the interest rate, by renewal, assumption, reaffirmation, contract, or otherwise; and

(b) Shall not be construed as diminishing the force and effect of any laws applying to loans, advances of credit, or lines of credit, other than to those mentioned in paragraph.(a), completed prior to July 1, 1979.

History.-s. 1, ch. 10177, 1925; CGL 3999; s. 2, ch. 57-201; ss. 12, 35, ch. 69-106; s . 2, ch. 73-192; ss. 1, 15, ch. 79-274; s . 1, ch.' 79-592.

'Note.-Section 2, ch. 79-592, provides that the amendment by that chapter of s. 15, ch. 79-274; "shall operate retroactively to July 1, 1979."

516.031 Finance charge; maximum rates.(1) INTEREST RATES.-Every licensee may

lend any sum of money not exceeding $25,000. A licensee may not take a security interest secured by land on any loan less than $1,000. The licensee may charge, contract for, and r~ceive thereon interest charges as provided and authorized by this section. The maximum interest rate shall be 30 percent per annum, computed on the first $500 ·of the principal amount as computed from time to time; 24 percent per annum on that part of the principal amount as computed from time to time exceeding $500 and not exceeding $1,000; and 18 percent per annum on that

700

Documents

Florida Statutes 1980 Supplement - Research Center...(b) Placing periodontal dressings. (c) Removing periodontal or surgical dressings. (d) Removing sutures. (e) Placing or removing