F.S.1983 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS … · 2014-10-01 · Ch.468 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS F.S. 1983 (e) Use or attempt to use a nursing home admin

F.S.1983 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS Ch. 468

3. Has obtained 2 years of practical experience in nursing home administration; or

4. Has 4 years of practical experience in a related health administration area.

(3) The department shall issue a license to practice nursing home administration to any applicant who successfully completes the examination in accordance with this section.

History.-ss. 1, 2, ch. 79-227; ss. 2, 3, ch. 81-318. ' Note.-Repealed effective October 1, 1986, by s. 2, ch. 81 -318, and scheduled

for review pursuant to s. 11.61 in advance of that date.

'468.1705 Licensure by endorsement.-(!) The department shall issue a license by en

dorsement to any applicant who, upon applying to the department and remitting a fee set by the board not to exceed $250, demonstrates to the board that he:

(a)l. Holds a valid license to practice nursing home administration in another state of the United States, provided that, when the applicant secured his original license, the requirements for licensure were substantially equivalent to, or more stringent than, those existing in this state at that time; or

2. Meets the qualifications for licensure in s. 468.1695 and has successfully completed a state, regional, or national examination which is substantially equivalent to, or more stringent than, the examination given by the department; and

(b) Has passed an examination on the laws and rules of this state governing the administration of nursing homes.

(2) National examinations for licensure as a nursing home administrator shall be presumed to be substantially equivalent to, or more stringent than, the examination and requirements in this state, unless found otherwise by rule of the board.

(3) The department shall not issue a license by endorsement to any applicant who is under investigation in another state for any act which would constitute a violation of this part until such time as the investigation is complete and disciplinary proceedings have been terminated.

History.-ss. 1, 2, ch. 79-227; ss. 2, 3, ch. 8 1-318; ss. 9, 42, ch. 82-179; s. 91 , ch. 83-218; ss. 37, 119, ch. 83-329.

' Note.-Repealed effective October 1, 1986, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1986, pursuant to s. 42, ch. 82· 179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'468.1715 Renewal of license.-(!) The department shall renew a license upon

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

a procedure for the biennial renewal 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 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.

History.-ss. 1, 2, ch. 79-227; s. 2, ch. 80-291; ss. 2, 3, ch. 81-318. 'Note.-Repe e~l ed effective October 1, 1986, by s. 2, ch . 81-318, and scheduled

for review pursuant to s. 11.6 1 in advance of that date.

'468.1725 Inactive status.-' (1) A license which has become inactive may be

reactivated pursuant to s. 468.1715 upon application to the department. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license shall not exceed 12 classroom hours for each year the license was inactive. Any such license which has been inactive for more than 4 years shall automatically expire if the licensee has not made application for renewal of such license. Once a license expires, it becomes null and void without any further action by the board or department. One year prior to expiration of the license, the department shall give notice to the licensee.

(2) The board shall promulgate rules relating to licenses which have become inactive and for the renewal of inactive licenses. The board shall prescribe by rule a fee not to exceed $50 for the reactivation of an inactive license and a fee not to exceed $50 for the renewal of an inactive license.

History.-ss. 1, 2, ch. 79-227; s. 331, ch. 81-259; ss. 2, 3, ch. 81-318; s. 102, ch. 83-329.

'Note.-Repealed effective October 1, 1986, by s. 2, ch. 8 1-318, and scheduled for review pursuant to s. 11.61 in advance of t hat date.

3 Note.-Section 102, ch. 83-329, provides that any licensee whose license is inactive on October 1, 1983, "may retain inactive status for 4 years beginning from the date of the next biennial renewal, whereupon such inactive license shall expire, if no reactivation or renewal of the inactive license has occurred ...

1468.1735 Provisional license.-In order to meet the requirement of 42 C.F.R. s. 431.710, or any of its legislative successors, the board may establish, by rule, requirements for issuance of a provisional license. A provisional license shall be issued only to fill a position of nursing home administrator that unexpectedly becomes vacant and shall be issued for one single period not to exceed 6 months. The license may be issued to a person who does not meet all of the licensing requirements established by this part, but the board shall by rule establish minimal requirements to ensure protection of the public health, safety, and welfare. The board may set an application fee not to exceed $100 for a provisional license.

History.- ss. 1, 2, ch. 79-227; s. 332, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 10, 42, ch. 82-179.

'Note.- Repealed effective October 1, 1986, by s. 2, ch. 81 -318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1986, pursuant to s. 42, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'468.17 45 Prohibitions; penalties.( I) No person shall: (a) Practice nursing home administration unless

the person holds an active license to practice nursing home administration.

(b) Use the name or title "nursing home administrator" when the person has not been licensed 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.

1201

Ch.468 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS F.S. 1983

(e) Use or attempt to use a nursing home administrator's license which has been suspended or revoked.

(f) Knowingly employ unlicensed persons in the practice of nursing home administration.

(g) Knowingly conceal information relative to violations of this part.

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

History.- ss. I, 2, ch. 79-227; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October I, 1986, by s. 2, ch. 81-318, and scheduled


1468.1755 Disciplinary proceedings.-(!) The following acts shall constitute grounds

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

(a) Violation of any provision of s. 468.1745 or s. 455.227(1).

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

(c) Having a license to practice nursing home administration 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, regardless of adjudication, of a crime in any jurisdiction which relates to the practice of nursing home administration or the ability to practice nursing home administration.

(e) Making or filing a report or record which the licensee knows to be false, intentionally 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 nursing home administrator.

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

(g) Fraud or deceit, negligence, incompetence, or misconduct in the practice of nursing home administration.

(h) A violation or repeated violations of this part, chapter 455, or any rules promulgated pursuant thereto.

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

U) Practicing with a revoked, suspended, or inactive license.

(k) Repeatedly acting in a manner inconsistent with the health and safety of the patients of the facility in which he is the administrator.

(l) Being unable to practice nursing home administration 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 nursing home administration with reasonable skill and safety to patients.

(m) Has willfully or repeatedly violated any of the provisions of the law, code or rules of the licensing or supervising authority or agency of the state or political subdivision thereof having jurisdiction of the operation and licensing of nursing homes.

(n) Has paid, given, caused to be paid or given, or offered to pay or to give to any person a commission or other valuable consideration for the solicitation or procurement, either directly or indirectly, of nursing home usage.

(o) Has willfully permitted unauthorized disclosure of information relating to a patient or his records.

(p) Has discriminated in respect to patients, employees, or staff on account of race, religion, color, sex, or national origin.

(2) When the board finds any nursing home administrator 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 ex

ceed $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 to work under the supervision of another licensee.

(f) Restriction of the authorized scope of practice.

(3) 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.

History.- ss. I , 2, ch. 79-227; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October I , 1986, by s. 2, ch. 81-318, and scheduled


1468.1765 Prosecution of criminal violations. -The department shall report any criminal violation of this act to the proper prosecuting authority for prompt prosecution.

History.- ss. 1, 2, ch. 79-227; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1986, by s. 2, ch. 81-318, and scheduled


1468.1775 Reciprocity.-ln order to ensure that nursing home administrators licensed in this state may be considered for licensure in other states, the board may enter into reciprocity agreements with other states.

History.-ss. 1, 2, ch. 79-227; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October I, 1986, by s. 2, ch. 81-318, and scheduled


468.201 468.203 468.205

PART IV

OCCUPATIONAL THERAPISTS

Short title; purpose. Definitions. Occupational Therapist Council.

1202

F.S. 1983 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS Ch.468

468.207 468.209 468.211 468.213 468.215 468.217

468.219 468.221 468.223

468.225

License required. Requirements for licensure. Examination for licensure. Waiver of requirements for licensure. Issuance of license. Suspension and revocation of license; re-

fusal to renew. Renewal of license. Fees. False representation of registration prohib

ited; penalty. Persons and practices not affected.

'468.201 Short title; purpose.-(1) This act shall be known and may be cited as

the "Occupational Therapy Practice Act." (2) It is the purpose of this act to provide for the

regulation of persons offering occupational therapy services to the public in order to:

(a) Safeguard the public health, safety, and welfare.

(b) Protect the public from being misled by incompetent, unscrupulous, and unauthorized persons.

(c) Assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants.

(d) Assure the availability of occupational theraPY services of high quality to persons in need of such services.

History.-ss. 1, 2, ch. 75-179; s. 2, ch. 81-318. 'Note.- Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled


'468.203 Definitions.-As used in this act: (1) "Board" means the Board of Medical Examin

ers. (2) "Occupational therapy" means the evaluation

and treatment of individuals whose ability to cope with the tasks of living are threatened or impaired by developmental deficits, the aging process, poverty and cultural differences, physical injury or illness, or psychological and social disability. The treatment utilizes task-oriented activities to prevent or correct physical or emotional deficits or to minimize the disabling effect of these deficits in the life of the individual. Specific occupational therapy techniques include, but are not limited to, activities of daily living (ADL), the fabrication and application of splints, perceptual-motor activities, the use of specifically designed crafts, guidance in the selection and use of adaptive equipment, exercises to enhance functional performance, and prevocational evaluation and treatment. Such techniques are applied in the treatment of individual patients or clients, in groups, or through social systems.

(3) "Occupational therapist" means a person licensed to practice occupational therapy as defined in this act and whose license is in good standing.

( 4) "Occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy, who works under the supervision of an occupational therapist, and whose license is in good standing.

(5) "Occupational therapy aide" means a person who assists in the practice of occupational therapy, who works under the supervision of an occupational

therapist, and whose activities require an understanding of occupational therapy but do not require professional or advanced training in the basic anatomical, biological, psychological, and social sciences involved in the practice of occupational therapy.

(6) "Person" means any individual, partnership, unincorporated organization, or corporate body, except that only an individual may be licensed under this act.

(7) "Association" means the Florida Occupational Therapy Association.

History.-s. 3, ch. 75-179; s. 1, ch. 78-18; s. 333, ch. 81-259; s. 2, ch. 81-318. 'Note.-Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled


'.468.205 Occupational Therapist Council. -There is created an Occupational Therapist Council under the supervision of the board. The board shall employ licensed occupational therapists as members of the council for terms of 4 years each. The board may delegate such powers and duties to the council as it may deem proper, including the examination of applicants and the carrying out of the mechanics and procedures necessary to effectuate this act. No occupational therapist shall serve more than two successive terms. Any time there is a vacancy to be filled by the employment of an occupational therapist, the Florida Occupational Therapy Association shall recommend persons to fill the vacancy to the board in a number at least twice the number of vacancies to be filled, and the board may appoint from the submitted list, in its discretion, any of those so recommended. However, the board shall, insofar as possible, appoint persons from different geographical areas and persons who represent various areas of occupational therapy treatment. The board shall fix their compensation and pay their expenses.

History.-s. 6, ch. 75- 179; s. 171, ch. 77-104; s. 2, ch. 81-318; s. 1, ch. 82-46; s. 2, ch. 83-265.

'Note.-Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Repealed effective October 1, 1984, by s. 1, ch. 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that date.

'468.207 License required.-No person shall practice occupational therapy or hold himself out as an occupational therapist or an occupational therapy assistant or as being able to practice occupational therapy or to render occupational therapy services in the state unless he is licensed in accordance with the provisions of this act.

History.-s. 4, ch. 75-179; s. 2, ch. 81-318. 'Note.-Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled


'468.209 Requirements for licensure.-(1) An applicant applying for a license as an occu

pational therapist or as an occupational therapy assistant shall file a written application on forms provided by the board, showing to the satisfaction of the board that he:

(a) Is of good moral character. (b) Has successfully completed the academic re

quirements of an educational program in occupational therapy recognized by the board, with concentration in biologic or physical science, psychology, and sociology, and with education in selected manual skills. For an occupational therapist, such a program shall be accredited by the American Medical Associa-

1203


tion in collaboration with the American Occupational Therapy Association. For an occupational therapy assistant, such a program shall be approved by the American Occupational Therapy Association.

(c) Has successfully completed a period of supervised fieldwork experience at a recognized educational institution or a training program approved by the educational institution where he or she met the academic requirements. For an occupational therapist, a minimum of 6 months of supervised fieldwork experience is required. For an occupational therapy assistant, a minimum of 2 months of supervised fieldwork experience is required.

(d) Has passed an examination conducted by the board as provided ins. 468.211.

(2) An applicant who has practiced as an occupational therapy assistant for 4 years with a minimum of 6 months of supervised fieldwork experience may take the examination to be licensed as an occupational therapist without meeting the educational requirements for occupational therapists made otherwise applicable under paragraph (1)(b). Those persons currently enrolled in the occupational therapy assistants' program in Florida shall not be affected by the passage of chapter 78-18, Laws of Florida.

(3) If the board determines that the applicant has not passed an examination and is not qualified to be licensed by endorsement, but has otherwise met all the requirements of this section, and has made application for the next scheduled examination, the board may issue the applicant a temporary permit allowing him to practice occupational therapy until notification of the results of the examination, but not for a longer period of time. Only one temporary permit shall be issued, and it shall not be renewable.

Histor y.-s. 7, ch. 75- 179; s. I , ch. 77- 174; s. 2, ch. 78-18; s. 2, ch. 81-318. ' Note.- Repealed effective October I, 1984, by s. 2, ch. 81-3 18, and scheduled


'468.211 Examination for licensure.-(1) Any person applying for licensure shall, in ad

dition to demonstrating his eligibility in accordance with the requirements of s. 468.209, make application to the board for examination at least 30 days prior to the date of examination, upon a form and in such a manner as the board shall prescribe. Such application shall be accompanied by the fee prescribed by s. 468.221, which fee shall not be refunded. A person who fails an examination may make reapplication for reexamination accompanied by the prescribed fee.

(2) Each applicant for licensure under this act shall be examined by the board in a written examination to test his knowledge of the basic and clinical sciences relating to occupational therapy and occupational therapy theory and practice, including the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods, and such other subjects as the board may deem useful to determine the applicant's fitness to practice. The board shall establish standards for acceptable performance.

(3) Applicants for licensure shall be examined at such time and place and under such supervision as the board may determine. Examinations shall be given at least twice each year at such places within this state as the board may determine, and the board

shall give reasonable public notice of such examinations in accordance with its rules at least 60 days prior to their administration and shall notify by mail all individual examination applicants of the time and place of their administration.

(4) Applicants may obtain their examination scores and review their papers in accordance with such rules as the board may establish.

History.- s. 8, ch. 75-179; s. 2, ch. 81-318. 'Note.- Repealed effective October I , 1984, by s. 2, ch. 81-318, and scheduled


'468.213 Waiver of requirements for licensure.-

(1) The board shall waive the examination and grant a license to any person certified prior to the effective date of this act as an occupational therapist registered (O.T.R.) or a certified occupational therapy assistant (C.O.T.A.) by the American Occupational Therapy Association. The board may waive the examination and grant a license to any person so certified after the effective date of this act if the board considers the requirements for such certification to be equivalent to the requirements for licensure in this act.

(2) The board may waive the examination and grant a license to any applicant who presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the District of Columbia, or a territory of the United States which requires standards for licensure considered by the board to be equivalent to the requirements for licensure of this act.

(3) The board shall waive the education and experience examination requirements for licensure in paragraphs 468.209(1)(b) and (c) for applicants for licensure who present evidence to the board that they have been engaged in the practice of occupational therapy on and prior to the effective date of this act. Such proof of actual practice shall be presented to the board in such a manner as it may prescribe by rule. To obtain the benefit of this waiver, an applicant shall file an application for examination no later than 1 year from the effective date of this act.

History.- s. 9, ch. 75-179; s. 2, ch. 81-318. 'Note.- Repealed effective October I, 1984, by s. 2, ch. 81-318, and scheduled


'468.215 Issuance of license.-(1) The board shall issue a license to any person

who meets the requirements of this act upon payment of the license fee prescribed.

(2) Any person who is issued a license as an occupational therapist under the terms of this act may use the words "occupational therapist," "licensed occupational therapist," or "occupational therapist registered," or he may use the letters "O.T.," "L.O.T.," or "O.T.R.," in connection with his name or place of business to denote his registration hereunder.

(3) Any person who is issued a license as an occupational therapy assistant under the terms of this act may use the words "occupational therapy assistant," "licensed occupational therapy assistant," or "certified occupational therapy assistant," or he may use the letters, "O.T.A.," "L.O.T.A.," or "C.O.T.A.," in connection with his name or place of business to denote his registration hereunder.

History.-s. 10, ch. 75-179; s. 2, ch. 81-318. 'Note.- Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled

for review pursuant to s. 11 .61 in advance of that date.

1204

F.S. 1983 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS Ch. 468

'468.217 Suspension and revocation of license; refusal to renew.-

(1) The board may deny, or refuse to renew, alicense; suspend or revoke a license; or impose probationary conditions, when the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct shall include:

(a) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.

(b) Being guilty of unprofessional conduct as defined by the rules established by the board or violating the code of ethics adopted and published by the board.

(c) Being convicted in any court of a crime other than minor offenses, defined as "minor misdemeanors," "violations," or "offenses," if the acts for which he was convicted are found by the board to have a direct bearing on whether he should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant.

(2) One year from the date of the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement.

History.-s. II , ch. 75- 179; s. 36, ch. 78-95; s. 2, ch. 81-318. 'Note.- Repealed effective October I , 1984, by s. 2, ch. 81-318, and scheduled

for review pursuant to s. 11.61 in advance of that date. cf. - s. 11 2.0ll Felons; removal of disqualifications for employment, exceptions.

'468.219 Renewal of license.-(1) Licenses issued under this act shall be subject

to annual renewal and shall expire unless renewed in the manner prescribed by the rules of the board, upon the payment of a renewal fee. The board may provide for the late renewal of a license upon the payment of a late fee in accordance with its rules, but no such late renewal of a license may be granted more than 5 years after its expiration.

(2) A suspended license is subject to expiration and may be renewed as provided in this section, but such renewal shall not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity or in any other conduct or activity in violation of the order or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the licensee, as a condition of reinstatement, shall pay the renewal fee and any late fee that may be applicable.

History.-s. 12, ch. 75-179; s. 2, ch. 81-318. 'Note.- Repealed effective October I, 1984, by s. 2, ch. 81-318, and scheduled


'468.221 Fees.-(1) The board shall prescribe, and publish in the

manner established by its rules, fees in amounts determined by the board for the following purposes:

(a) Application for examination. (b) Initial license fee. (c) Renewal of license fee. (d) Late renewal fee. (2) Such fees shall be set in such an amount as to

reimburse the state, to the extent feasible, for the cost of the services rendered.



'468.223 False representation of registration prohibited; penalty.-

(1) It is unlawful for any person who is not registered under this act as an occupational therapist or an occupational therapy assistant or whose registration has been suspended or revoked to use, in connection with his name or place of business, the words "occupational therapist," "licensed occupational therapist," "occupational therapist registered," "occupational therapy assistant," "licensed occupational therapy assistant," "certified occupational therapy assistant"; the letters "O.T.," "L.O.T.," "O.T.R.," "O.T.A.," "L.O.T.A.," or "C.O.T.A."; or any other words, letters, abbreviations, or insignia indicating or implying that he is an occupational therapist or an occupational therapy assistant or, in any way, orally or in writing, in print or by sign, directly or by implication, to represent himself as an occupational therapist or an occupational therapy assistant.

(2) Any person in violation of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.



'468.225 Persons and practices not affected.

(1) Nothing in this act shall be construed as preventing or restricting the practice, services, or activities of:

(a) Any person licensed in this state by any other law from engaging in the profession or occupation for which he is licensed.

(b) Any person employed as an occupational therapist or occupational therapy assistant by the United States, if such person provides occupational therapy solely under the direction or control of the organization by which he is employed.

(c) Any person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if such activities and services constitute a part of a supervised course of study and if such a person is designated by a title which clearly indicates his or her status as a student or trainee.

(d) Any person fulfill ing the supervised fieldwork experience requirements of s. 468.209, if such activities and services constitute a part of the experience necessary to meet the requirements of that section.

(e) Any person employed by, or working under the supervision of, an occupational therapist as an occupational therapy aide.

(2) No provision of this act shall be construed to prohibit physicians, nurses, physical therapists, osteopathic physicians or surgeons, or clinical psychologists from using occupational therapy as a part of or incidental to their profession, when they practice their profession under the statutes applicable to their profession.

History.-s. 5, ch. 75-179; s. 1, ch. 77-174; s. 2, ch. 81-318. 'Note.-Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled


PARTV

1205


468.30 468.301 468.302 468.303 468.304 468.305 468.306

468.307 468.308

468.309 468.31 468.311 468.312

RADIOLOGIC TECHNOLOGISTS

Declaration of policy. Definitions. Use of X rays; limitations; exceptions. Rules. Certification examination; admission. Certification; standards. Examinations; certification without exami

nation. Certificate; issuance; possession; display. Certification based on prior experience or

training. Certificate; duration; renewal; reissuance. Suspension or revocation of certification. Unlawful activities; penalties. Fees; disposition.

1468.30 Declaration of policy.-lt is declared to be the policy of the state that the health and safety of the people must be protected against the harmful effects of excessive and improper exposure to ionizing radiation. Such protection can in some major measure be accomplished by requiring adequate training and experience of persons who operate radiation-emitting equipment in each particular case under the specific direction of licensed practitioners. It is the purpose of this part to establish standards of education, training, and experience and to require the examination and certification of operators of radiation-emitting equipment.

History.-s. 1, ch. 78-383; s. 2, ch. 81-318. 'Note.-Repealed effect ive October 1, 1984, by s. 2, ch. 81-318, and scheduled


1468.301 Definitions.-As used in this part: (1) "Administrator" means the administrator of

the Radiological and Occupational Health Section, or its successor, of the Health Program Office of the Department of Health and Rehabilitative Services.

(2) "Department" means the Department of Health and Rehabilitative Services.

(3) "Certificate" means a certification granted and issued by the department under this part.

( 4) "Health physicist" means a person recognized by the Health Program Office of the Department of Health and Rehabilitative Services as a qualified expert in the field of radiation protection as it relates to diagnostic and therapeutic X ray.

(5) "Licensed practitioner" means a person licensed or otherwise authorized by law to practice medicine, dentistry, podiatry, chiropody, osteopathy, naturopathy, or chiropractic in this state.

(6) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state or any other state, or political subdivision of any agency thereof and any legal successor, representative, agent, or agency of the foregoing.

(7) "Program Office" means the Health Program Office of the Department of Health and Rehabilitative Services.

(8) "Radiologic technologist" means a person other than a licensed practitioner who is qualified by education, training, or experience to use X rays on hu-

man beings under the specific direction of a licensed practitioner in each particular case.

(9) "Section" means the Radiological and Occupational Health Section, or its successor, of the Health Program Office of the Department of Health and Rehabilitative Services.

(10) "National Organization" means a professional association or registry, approved by the department, that examines, registers, certifies, or approves individuals and education programs relating to operators of sources of radiation.

History.-s. 2, ch. 78-383; s. 2, ch. 81-318. 'Note.- Repealed effective October 1, 1984, by s. 2, ch. 81 -318, and scheduled


1468.302 Use of X rays; limitations; exceptions.-

(1) Except as hereinafter provided, no person shall use X rays on a human being unless he is alicensed practitioner or unless he is the holder of a certificate as provided in this part.

(2) A person holding a certificate as a radiologic technologist may use the title "Certified Radiologic Technologist" or the letters "CRT" after his name. No other person shall be entitled to so use such title or letters, or to use a title or letters after his name that indicate or imply that he is a certified radiologic technologist, or to hold himself out in any way, whether orally or in writing, expressly or by implication, as a certified radiologic technologist.

(3) A person holding a certificate as a radiologic technologist may only use X rays or X-ray producing equipment on human beings for diagnostic or therapeutic purposes while operating in each particular case under a licensed practitioner, and only if the application of X rays is limited to those persons or parts of the human body specified in the law under which the practitioner is licensed.

(4) Nothing contained in this part relating to radiologic technology shall be construed to limit, enlarge, or affect in any respect the practice of their respective professions by duly licensed practitioners.

(5) The requirement of a certificate shall not apply to:

(a) A hospital resident who is not a licensed practitioner in this state or a student enrolled in and attending a school or college of medicine, osteopathy, chiropody, podiatry, dentistry, dental hygiene, dental assisting, chiropractic, or radiologic technology who applies radiation to a human being while under the direct supervision of a licensed practitioner.

(b) A person engaged in performing the duties of a radiologic technologist in his employment by a governmental agency of the United States.

(c) A dental hygienist, licensed prior to the effective date of this part, who operates only dental radiographic equipment for the sole purpose of dental radiography and limits the X-ray beam to the face of the patient.

(d) A dental assistant, certified prior to the effective date of this part, who operates only dental radiographic equipment for the sole purpose of dental radiography and limits the X-ray beam to the face of the patient.



1206


'468.303 Rules.-The department is authorized to make such rules, not inconsistent with law, as may be necessary to carry out the provisions of this part.

History.-s. 4, ch. 78-383; s. 2, ch. 81-318. 'Note.-Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled


'468.304 Certification examination; admission.-The department shall admit to examination for certification any applicant who pays to the program office a nonrefundable fee of $25 and submits satisfactory evidence, verified by oath or affirmation, that he:

(1) Is at least 18 years of age at the time of application.

(2) Is of good moral character. (3) Has successfully completed a 24-month

course of study in radiologic technology in a school of radiologic technology approved by the department as maintaining a satisfactory standard, or has completed a course of study as determined by the department with appropriate study material provided the applicant by the department.

His tory.- s. 5, ch. 78-383; s. 2, ch. 81-318. 'Note.-Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled


'468.305 Certification; standards.-The department shall develop criteria for certification based on levels of difficulty of radiological procedures. All such levels of certification shall include demonstration of safety procedure competency; however, nothing in this part shall be construed to require that all operators of X-ray equipment be registered radiologic technologists.

History.- s. 6, ch. 78-383; s. 2, ch. 81-318. 'Note.- Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled


examination, a certificate of a national organization or a state board issued on the basis of a registry examination satisfactory to the department.

History .- s. 7, ch. 78-383; s. 2, ch. 81-318. 'Note.- Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled


'468.307 Certificate; issuance; possession; display.-

(1) The department shall issue a certificate to each candidate who has paid the prescribed fee and either successfully passed the examination or qualified under s. 468.306(6).

(2)(a) The department may, at its discretion, issue a temporary certificate to any applicant who does not qualify, by reason of a restricted area or duration of training and experience, for the issuance of a certificate under the provisions of s. 468.304, s. 468.306, or s. 468.308, but who has demonstrated to the satisfaction of the department by examination that he is capable of performing the functions of a radiologic technologist within the limited field specified in his application. The temporary certificate shall specify the activities in which its holder may engage. Authority of the department to issue temporary certificates under the provisions of this subsection shall terminate 2 years after the effective date of this part.

(b) Upon application by a physician, the department may, at its discretion, issue a temporary certificate to an applicant hired after the 2-year period specified in paragraph (a) , provided such temporary certificate shall expire 6 months from the date of issuance and shall not be renewed.

(3)(a) Additionally, the department may, at its discretion, issue a temporary certificate to:

1. Any person who has qualified for examination under s. 468.308 and who has applied for such examination.

'468.306 Examinations; certification without 2. Any person qualified under s. 468.308 who has examination.- failed his first examination under s. 468.308, and who

(1) All applicants shall be required to pass an ex- has applied for a second examination. amination consistent with the curriculum required 3. Any person whose certification or recertificafor education programs in radiologic technology action may be pending and in whose case the issuance credited by the Council on Medical Education of the of a temporary certificate may be justified by reason American Medical Association. of special circumstances.

(2) The department shall prepare and submit to (b)l. A temporary certificate as provided in sub-the section, as required, lists of examination ques- section (2) and this subsection shall be issued only if tions or problems. Examinations shall be adminis- the department finds that its issuance will not violate tered by the department. the purposes of this part or tend to endanger the

(3) The department shall hold an examination at public health and safety. least once every 6 months at such times and places as 2. The holders of temporary certificates issued the department may determine to be advantageous pursuant to paragraph (2)(a) must have successfully for applicants who desire to practice as radiologic completed the certified radiologic technologist's extechnologists in this state. amination given by the department or be enrolled in

(4) Examinations shall include a written portion, an accredited American Medical Association school but may also include practical and oral portions. Fol- program. lowing each examination, the papers and the practi- 3. In the event the applicant is required to take a cal and oral examinations shall be graded, and the national organization or state board examination, a standing of each applicant shall be recorded. The de- temporary certificate shall expire 90 days after the partment shall either pass or fail each applicant on date of the next examination or, if the applicant does the basis of his final grade. not take the required examination, then on the date

(5) An applicant who fails to pass the examina- of such examination. tion may apply for a second examination. A nonre- 4. Except as provided in paragraph (2)(b) and fundable application fee of $20 shall be charged for this subsection, a temporary certificate shall expire the second and for any subsequent examination. when the determination is made either to issue to the

(6) The department may accept, in lieu of its own applicant, or to deny him the issuance of, a regular

1207


certificate, and in no event shall any such temporary certificate be issued for a period longer than 2 years.

(4) Every radiologic technologist shall carry his certificate with him when at work, and the certificate shall be displayed on request.

History.- s. 8, ch. 78-383; s. 2, ch. 81-318. ' Note.- Repealed effective October 1, 1984, by s. 2, ch. 81 -318, and scheduled


'468.308 Certification based on prior experience or training.-

(1) The department shall issue a certificate to any person who makes application to it in writing accompanied by a fee of $25 within 2 years from the effective date of this part:

(a) If he has been engaged in the area of diagnostic radiologic technology for at least 5 of the 6 years immediately prior to the effective date of this part, and if he passes an oral or practical examination prepared by the department to show his proficiency; or

(b) If he has been engaged in the field of diagnostic radiologic technology for at least 2 of the 3 years immediately prior to the effective date of this part, and if he passes an oral, practical, or written examination prepared by the department to show his proficiency.

(2) Any person who has the qualifications specified in paragraph (1)(b) and who is on active duty with the Armed Forces of the United States during any portion of a 6-month period after the effective date of this part shall be permitted to make application under the terms provided in this section within 6 months after the date of termination of his active duty, but in any event not later than 2 years after the effective date of this part.

(3) A student who is engaged in a 24-month course of study of radiologic technology in a school of radiologic technology on the effective date of this part, and who completes such a course of study, shall be eligible for examination and certification as provided in paragraph (1)(b).

(4) Application shall be made on a form prescribed by the department and shall be accompanied by such other evidence of qualifications as may be required.

(5) If a candidate who applied for certification under the provisions of this section fails the first examination, he may, at any time thereafter, apply for a second examination for which an additional nonrefundable application fee of $20 shall be required.

(6) The department shall issue certificates without examination to health personnel licensed, certified, or regulated pursuant to chapter 458, chapter 459, chapter 464, or chapter 483, and employed by licensed practitioners of the healing arts, provided such health personnel demonstrate to the satisfaction of the department that their training program included training in radiographic techniques.

(7) The department shall issue a limited certificate to any person licensed in accordance with this part who is a certified dental assistant or dental hygienist and who operates only dental radiographic equipment for the sole purpose of dental radiography and limits the X-ray beam to the face of the patient, if such person has:

(a) Satisfactorily completed a course of study in a dental hygiene or a dental assistant school approved by the department; or

(b) Passed an examination approved or administered by the department encompassing dental radiographic techniques.

(8) The department shall issue a limited certificate to any person who has received special training satisfactory to the department to operate computer-assisted tomographic scanners.

History.-s. 9, ch. 78-383; s. 1, ch. 79-80; s. 2, ch. 81-318. 'Note.-Repealed effective October 1, 1984, by s. 2, ch. 81 -318, and scheduled


'468.309 Certificate; duration; renewal; reissuance.-

(1) A radiologic technologist's certificate issued in accordance with s. 468.307 or s. 468.308 shall expire on the last day of the second year after the year of issuance. A certificate shall be renewed by the department for a period of 2 years upon payment of a renewal fee in an amount to be determined by the department and upon submission of a renewal application containing such information as the department deems necessary to show that the applicant for renewal is a radiologic technologist in good standing and has completed any continuing education requirements which may be established by the department for advance levels of radiologic technology. Continuing education which may be required for persons certified in basic safety may be provided by the department through home study courses.

(2) A radiologic technologist who has been heretofore duly certified in this state, whose certificate has not been revoked or suspended, but who has failed to renew his certificate, may apply for the reissuance of a certificate upon complying with the provisions of this section and may be required to take the examination therefor, at the discretion of the department.



'468.31 Suspension or revocation of certification.-

(1) The certificate of a radiologic technologist may be suspended for a fixed period or may be revoked, or such technologist may be censured, reprimanded, or otherwise disciplined in accordance with the provisions and procedures defined in this part, if, after due hearing, it is determined that he:

(a) Is guilty of any fraud or deceit in his activities as a radiologic technologist or has been guilty of any fraud or deceit in procuring his certificate.

(b) Has been convicted in a court of competent jurisdiction, either within or without this state, of a crime involving moral turpitude, except that, if the conviction is discharged or acquitted or if he is pardoned or his civil rights restored, the certificate may be restored to him.

(c) Is a habitual drunkard or is addicted to the use of morphine, cocaine, or other drugs having a similar effect, or is insane.

(d) Has aided and abetted a person who is not a certified radiologic technologist, or otherwise author-

1208


ized, in engaging in the activities of a radiologic technologist.

(e) Has undertaken or engaged in any practice beyond the scope of the authorized activities of a certified radiologic technologist pursuant to this part.

(f) Has falsely impersonated a certified radiologic technologist or former certified radiologic technologist or is engaging in the activities of a certified radiologic technologist under an assumed name.

(g) Has been guilty of unethical conduct as defined by rules promulgated by the department.

(h) Has continued to practice without obtaining a certificate of renewal as required by s. 468.309.

(i) Has applied X rays to human beings when not operating in each particular case under the specific direction of a duly licensed practitioner as defined herein, or to any parts of the human body other than those specified in the law under which such practitioner is licensed.

U) Has expressed to a member of the public an interpretation of a diagnostic X-ray film or fluorescent image without the permission of a duly licensed practitioner.

(k) Has used or is using the prefix "Dr.," the word "doctor," or any suffix or affix to indicate or imply that the certified radiologic technologist is a duly licensed practitioner as defined herein, when not solicensed.

(l) Is, or has been, guilty of incompetence or negligence in his activities as a radiologic technologist.

(2) Proceedings against any certified radiologic technologist under this section shall be initiated by filing with the department a written charge or charges under oath against such radiologic technologist. The charges may be preferred by any person, corporation, association, or public officer or by the department in the first instance. If the department decides that the charges should be heard, it shall establish a time and a place for a hearing on the charges. A copy of the charges, together with a notice of the time and place of hearing, shall be served upon the person charged, either personally or by registered mail, at least 15 days before the date fixed for the hearing, and the person charged shall have an opportunity to appear and answer the charges, either personally or by counsel, to cross-examine witnesses against him, and to produce evidence and witnesses in his defense. For the purpose of this section, the department or its committee shall have power to issue subpoenas for the appearance of witnesses and to take testimony under oath. Upon the conclusion of the hearing, the committee shall make a written re-

port of its findings and recommendations to the administrator. If the administrator finds that the charges have not been proved, he shall order them dismissed. If the charges are found to be true, the administrator shall, at his discretion, issue an order suspending or revoking the certificate of the accused or otherwise disciplining him.

(3) When the certificate of any person has been revoked or suspended as herein provided, the department may, after the expiration of 2 years, entertain an application for restoration of such certificate. At the discretion of the department, such person may be required to take the examination for certification as prescribed herein.

History.-s. 11 , ch. 78-383; s. 2, ch. 81-318. 'Note.-Repealed effective October I, 1984, by s. 2, ch. 81-318, and scheduled


'468.311 Unlawful activities; penalties.(1) It shall be unlawful for any person to: (a) Sell or fraudulently obtain or furnish a ra

diologic technologist's diploma, certificate, or record or to aid or abet in the same.

(b) Engage in the activities of a radiologic technologist under cover of a diploma or certificate illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation or mistake of fact in material regard.

(c) Engage in the activities of a radiologic technologist under a false or assumed name.

(d) Engage in, or hold himself out as entitled to engage in, the activities of a radiologic technologist without a valid certificate.

(e) Employ, for the purpose of applying X-radiation to any human being, any individual who is not a certified radiologic technologist under the provisions of this part.

(f) Otherwise violate any of the provisions of this part.

(2) Violation of the provisions of this section is a misdemeanor of the second degree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084.

History.-s. 12, ch. 78-383; s. 2, ch. 81-318. 'Note.-Repealed effective October I , 1984, by s. 2, ch. 81-318, and scheduled


'468.312 Fees; disposition.-All moneys derived from fees imposed pursuant to this part shall be placed in a fund to be used by the Radiological and Occupational Health Section of the Department of Health and Rehabilitative Services for the sole purpose of carrying out the provisions of this part.

History.-s. 13, ch. 78-383; s. 2, ch. 81-318. 'Note.- Repealed effective October I , 1984, by s. 2, ch. 81-318, and scheduled

for review pursuant to s. 11.61 in advance of t hat date.

1209

Ch. 469 PLUMBING F.S. 1983

CHAPTER 469

PLUMBING

469.01

469.02 469.03

469.04 469.05

469.07

Plumber's certificate; chapter not applicable to cities of less than 7,500 population.

Application for certificate; examination. Board of examiners; qualifications; terms of

office; compensation. Examination of applicants; fees, etc. Cities to provide rules for construction of all

plumbing; plumbing inspector; qualification; reports to city board of health.

Penalty for violation of chapter.

1469.01 Plumber's certificate; chapter not applicable to cities of less than 7,500 population.-Any person engaged in or working at the business of plumbing in cities of 7,500 population or more in this state, either as master plumber or employing plumber or as journeyman plumber, shall first receive a certificate thereof in accordance with the provisions of this chapter.

History.-s. 1, ch. 6944, 1915; s. 1, ch. 7312, 1917; RGS 2251; CGL 3587, 3588; s. 3, ch. 76-168; s. I, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 2, 3, ch. 81-318.

'Note.- Repealed effective October I, 1984, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date.

1469.02 Application for certificate; examination.-Any person desiring to engage in or work at the business of plumbing, either as a master plumber or employing plumber or as a journeyman plumber, in cities having a population of 7,500 or more and a system of water supply or sewerage, shall make application to the board of examiners provided for in this chapter, at such time and place as said board may direct. Said examinations may be made in whole or in part in writing and shall be of a practical and elementary character sufficiently strict to test the qualifications of the applicant.

History.-s. 2, ch. 6944, 1915; s. 2, ch. 7312, 1917; RGS 2252; CGL 3589, 3590; s. 3, ch. 76-168; s. I, ch. 77-457; ss. 2, 3, ch. 81-318.

'Note.-Repealed effective October I, 1984, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date.

1469.03 Board of examiners; qualifications; terms of office; compensation.-There shall be in every city of 7,500 inhabitants or more, a board of examiners of plumbers, consisting of three members, one of whom shall be chairman of the board of health; a second member, who shall be a master plumber, and a third member, who shall be a journeyman plumber. Said second and third members shall be appointed by the appointing power of said city or town as provided by charter or ordinance for the term of 1 year from January 1 in the year of appointment, thereafter annually before January 1, and shall be paid from the treasury of said city the same as other officers, in such sum as the authorities may designate.

History.-s. 3, ch. 6944, 1915; s. 3, ch. 7312, 1917; RGS 2253; CGL 3591, 3592; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318.

'Note.-Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date.

1469.04 Examination of applicants; fees, etc. -The board shall, as soon as may be after their appointment, meet, and shall then designate the times

and places for examination of all applicants desiring to engage in or work at the business of plumbing within their respective jurisdiction. Said board shall examine said applicants as to their practical knowledge of plumbing, house drainage, ana plumbing ventilation, and, if satisfied with the competency of such applicants, shall thereupon issue a certificate to such applicant authorizing h1m to engage in or work at the business of plumbing, either as master plumber or employing plumber, or as a journeyman plumber. The maximum fee for a master plumber or employing plumber shall be $25, and for a journeyman plumber shall be $15. Said certificate shall be valid for the term of 1 year, but the same may be renewed if application for renewal is made to said board not less than 30 days before the expiration of said certificate. The fee for renewals shall be $1. All moneys shall be paid into the city or town treasury for the use of said city or town.

History.-s. 4, ch. 6944, 1915; s. 4, ch. 7312, 1917; RGS 2254; CGL 3593, 3594; s. 1, ch. 28035, 1953; s. 3, ch. 76-168; s. I, ch. 77-457; ss. 2, 3, ch. 81-318.


1469.05 Cities to provide rules for construction of all plumbing; plumbing inspector; qualification; reports to city board of health.-

(1) All cities or towns in this state shall, within the provisions of this chapter, provide by ordinance, rules and regulations for the construction and maintenance of all plumbing and drainage placed in or on any building or the premises thereof in such city or town, and no work of this character shall be done unless a permit be issued therefor, excepting the repairing of leaks. The term plumbing as used in this section shall not include the installation and maintenance of portable water-softening units and no ordinances, rules or regulations adopted by cities or towns shall prevent the installation and maintenance of portable water-softening units by licensed operators of water-softening services.

(2) Said cities or towns shall provide for the appointment or election of a plumbing inspector and such assistants as are necessary, but said inspector and assistants must be practical plumbers of not less than 10 years' experience, who shall see that all rules and regulations touching plumbing are faithfully and diligentlY observed and executed.

(3) The plumbing inspector shall preside at all meetings of the examining board of plumbers and shall have the deciding voice and vote in all matters connected with the examination of applicants and granting of certificates, whenever the remaining members of said board are unable to agree. The plumbing department of every city or town embraced m this chapter, consistin~ of the examining board of plumbers, the plumbing mspector and his assistants, shall be under the supervision of the board of health of said city or town, and the plumbing inspector shall make a complete report of this department to said board of health at the end of each year, and oftener as may be required by said board, or provided for by ordinance.

History.-s. 5, ch. 6944, 1915; s. 5, ch. 7312, 1917; RGS 2255; CGL 3595, 3596; s. 1, ch. 25395, 1949; s. 1, ch. 61-207; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318.


1210

F.S. 1983 PLUMBING Ch. 469

1469.07 Penalty for violation of chapter. -Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than $5 nor exceeding $50 for

each and every violation thereof. History.-s. 6, ch. 7312, 1917; RGS 5671; CGL 7876; s. 3, ch. 76-168; s. 1, ch.

77-457; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1984, by s. 2, ch. 81-318, and scheduled


1211

Ch.470 FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION F.S. 1983

CHAPTER 470

FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION

470.001 470.002 470.003

470.004 470.005 470.006

470.007

470.008 470.0085

470.009

470.011

470.012 470.013

470.014 470.015 470.016 470.017 470.018 470.019

470.021

470.022 470.023

470.024 470.025 470.026 470.027

470.028 470.029

470.031 470.032

470.033 470.034 470.035 470.036 470.037 470.038 470.039 470.0395

Legislative findings and intent. Definitions. Board of Funeral Directors and Embalm-

ers; membership; appointment; terms. Board headquarters. Rulemaking authority of board. Licensure as an embalmer by examina-

tion. Licensure as an embalmer by endorse

ment. Registration of an embalmer intern. Establishment of embalmer apprentice

program. Licensure as a funeral director by exami

nation. Licensure as a funeral director by en

dorsement. Registration of a funeral director intern. License as funeral director and embalmer

permitted. Concurrent internships. Renewal of licenses. Inactive status. Registration as a direct disposer. Renewal of registration of direct disposer. Disciplinary actions against direct dispos-

ers. Direct disposal establishment; standards

and location; registration. Direct disposition not funeral directing. Practice of direct disposition without reg-

istration. Funeral establishment; licensure. Cinerator facility; licensure. Solicitation of goods or services. Exemption of certificateholder under

chapter 639. Preneed sales; registration of agents. Affidavit of cases embalmed and bodies

handled. Prohibitions; penalties. Unlawful to remove or embalm body

without consent of proper official when crime is suspected.

Sale of funeral merchandise. Disclosure of information to public. Itemized price lists. Disciplinary proceedings. Prosecution of criminal violations. Reciprocity. Exceptions. Saving clauses.

1470.001 Legislative findings and intent.(1) The Legislature finds that the practice of em

balming and funeral directing by unskilled and incompetent practitioners presents a danger to the public health and safety. The Legislature finds further that it is difficult for the public to make an informed choice about embalmers and funeral directors and that the consequences of a wrong choice could

endanger the public health and welfare. The only way to protect the public from the incompetent practice of embalming and funeral directing is through the establishment of minimum qualifications for entry into the profession and through swift and effective discipline for those practitioners who violate the law.

(2) The Legislature further finds that the unregistered practice of direct disposition may present a danger to the public welfare and, therefore, deems it necessary to provide for the registration of all direct disposers, to provide against improper conduct by practitioners of direct disposition, and to establish swift and effective discipline for these practitioners who violate the law.

History.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


14 70.002 Definitions.-As used in this chapter: (1) "Department" means the Department of Pro

fessional Regulation. (2) "Board" means the Board of Funeral Direc

tors and Embalmers. (3) "Funeral director" means any person licensed

in this state to practice funeral directing. (4) "Practice of funeral directing" means making,

at need or preneed, arrangements for, or directing the arrangements for, the preparation and transportation of dead human bodies for final disposition; or using, in connection with one's name the words "funeral director," "licensed funeral director," "undertaker," or "mortician"; or offering or holding oneself out as offering such services. However, nothing herein shall be construed to require a direct disposer or an agent registered under chapter 639 to be a funeral director.

(5) "Embalmer" means any person licensed in this state to practice embalming.

(6) "Practice of embalming" means disinfecting or preserving or attempting to disinfect or preserve dead human bodies by replacing certain body fluids with preserving and disinfecting chemicals.

(7) "Funeral establishment" means a place licensed under this chapter where a funeral director or embalmer practices his funeral directing or embalming.

(8) "Direct disposal establishment" means a place registered under this chapter where a direct disposer practices direct disposition.

(9) "Direct disposer" means any person who is registered in this state to practice direct disposition.

(10) "Practice of direct disposition" means the final disposition of a dead human body without preparation of the body by embalming and without any attendant services or rites such as funeral or graveside services.

(11) "Final disposition" means the final disposal of a dead human body whether it be by, but not limited to, earth interment, aboveground interment, cremation, burial at sea, or delivery to a medical institution for lawful dissection if the medical institution assumes responsibility for disposal.

1212

F.S. 1983 FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION Ch.470

(12) "Funeral merchandise" means the goods, sold or offered for sale, including, but not limited to, a casket or alternative container, which is used in connection with the final disposition of a dead human body.

(13) "Funeral" or "funeral service" means the observances, services, or ceremonies held for dead human bodies.

(14) "Cinerator" means a facility where dead human bodies are reduced to a residue, including bone fragments, by direct flame, also known as "cremation," or by intense heat, also known as "calcination."

(15) "Alternative container" means a nonmetal receptacle or enclosure which is less expensive than a casket and of sufficient strength to be used to hold and transport a dead human body.

(16) "Casket" means a rigid container which is designed for the encasement of human remains and which is usually constructed of wood or metal, ornamented, and lined with fabric.

(17) "Solicitation" means any communication which directly or implicitly requests an immediate oral response from the recipient.

(18) "Legally authorized person" means the surviving spouse, son or daughter who is 18 years of age or older, parent, or brother or sister 18 years of age or over; any person in the next degree of kinship; the guardian of the dead person at the time of death; the personal representative of the deceased; or a public health officer.

(19) "Outer burial container" means an enclosure into which a casket is placed, including, but not limited to, a vault made of concrete, steel, fiberglass, or copper, a sectional concrete enclosure, a crypt, or a wooden enclosure.

(20) "Personal residence" means any residential building in which one temporarily or permanently maintains his abode, including, but not limited to, an apartment or a hotel, motel, nursing home, convalescent home, home for the aged, or a public or private institution.

(21) "Preneed agent" means any person who is registered in this state to sell preneed funeral service contracts or direct disposition contracts.

History.- ss. 1, 5, ch. 79-231; s. 336, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 11, 43, ch. 82-179; s. 17, ch. 83-316.

'Note.- Repealed effective October!, 1990, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1990, pursuant to s. 43, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'470.003 Board of Funeral Directors and Embalmers; membership; appointment; terms.-

(1) The Board of Funeral Directors and Embalmers is created within the Department of Professional Regulation and shall consist of seven members to be appointed by the Governor and confirmed by the Senate.

(2) Five members of the board shall be chosen from the licensees under this chapter, and the remaining two members shall be residents of the state who have never been licensed as funeral directors or embalmers and who are in no way connected with the practice of embalming or funeral directing.

(3) Within 30 days after June 30, 1979, the Governor shall appoint seven eligible and qualified persons to be members of the board as follows:

(a) Two members for terms of 2 years each. (b) Two members for terms of 3 years each. (c) Three members for terms of 4 years each. (4) As the terms of the members expire, the Gov

ernor shall appoint successors for terms of 4 years, and such members shall serve until their successors are appointed. The members of the board serving on the effective date of this act shall continue in office until their successors are appointed.

(5) All provisions of chapter 455 relating to activities of regulatory boards shall apply.

History.- ss. ! , 5, ch. 79-231; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October! , 1990, by s. 2, ch. 81-318, and scheduled


'4 70.004 Board headquarters.-The board shall maintain its official headquarters in the city in which it has been domiciled for the past 5 years.



'470.005 Rulemaking authority of board. -The board is authorized to make 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.



'470.006 Licensure as an embalmer by examination.-

(1) Any person desiring to be licensed as an embalmer shall apply to the department to take the licensure examination. 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) Submitted proof satisfactory to the department that he is not less than 18 years of age and is a recipient of a high school degree or equivalent.

(c) Had no conviction or finding of guilt, regardless of adjudication, for a crime which directly relates to the ability to practice embalming or the practice of embalming.

(d) Completed a course in mortuary science approved by the board which course embraces, at least, the following subjects: theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, and public health and sanitation.

(e) Completed a 1-year internship under a licensed embalmer.

(2) If the department finds that the applicant has met all the requirements of subsection (1) and the other provisions of this chapter, it shall license the applicant if he passes an examination on the subjects of the theory and practice of embalming, restorative art, pathology, anatomy, microbiology, chemistry, hygiene, public health and sanitation, and local and state laws and rules relating to the disposition of dead bodies; however, the board by rule may adopt the use of a national examination, such as the embalming examination prepared by the Conference of

1213


Funeral Service Examining Boards, in lieu of part of this examination requirement.



'470.007 Licensure as an embalmer by endorsement.-

(1) The department shall issue a license by endorsement to practice embalming to an applicant who, upon applying to the department and remitting a fee set by the board not to exceed $250, demonstrates to the board that he:

(a) Holds a valid license to practice embalming in another state of the United States, provided that, when the applicant secured his original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state; or

(b)l. Meets the qualifications for licensure in s. 470.006, except that the internship requirement shall be deemed to have been satisfied by 1 year's practice as a licensed embalmer in another state; and

2. Has successfully completed a state, regional, or national examination in mortuary science, which is substantially equivalent to or more stringent than the examination given by the department, within 10 years of the date of application.

(2) State, regional, or national examinations and requirements for licensure in another state shall be presumed to be substantially equivalent to or more stringent than the examination and requirements in this state unless found otherwise by rule of the board. Such presumption shall not arise until January 1, 1980.

(3) The department shall not issue a license by endorsement to any applicant who is under investigation in another jurisdiction for an act which would constitute a violation of this chapter until such time as the investigation is complete.

(4) Each applicant for licensure by endorsement must pass the examination on local and state laws and rules relating to the disposition of dead human bodies which is required under s. 470.006 and which shall be given by the department.

His tory.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


'470.008 Registration of an embalmer intern.-

(1) Any person desiring to become an embalmer intern shall make application to the department on forms provided by the department, together with a $25 nonrefundable fee. The application shall indicate the name and address of the licensed embalmer under whose supervision the intern will receive training and the name of the licensed funeral establishment where such training is to be conducted. The embalmer intern shall intern under the supervision of a licensed embalmer.

(2) An applicant for internship shall be 18 years of age or older and have completed a course of study in mortuary science prior to being registered by the

internship program and criteria for intern training agencies. Any funeral establishment where embalming is conducted shall be eligible to act as an intern training agency.

(4) No funeral establishment designated as an intern training agency shall exact a fee from any person obtaining intern training at such funeral establishment.

(5) Any person who on June 30, 1979, is a duly registered embalmer intern shall immediately be granted registration as an embalmer intern and shall receive credit for the obtaining of a license for the practice of embalming for all of the time spent by such intern prior to July 1, 1979.



'470.0085 Establishment of embalmer apprentice program.-The board may adopt rules establishing an embalmer apprentice program. An embalmer apprentice may perform only those tasks, functions, and duties relating to embalming which are performed under the direct supervision of a licensed embalmer. An embalmer apprentice shall be eligible to serve in an apprentice capacity for a period not to exceed 1 year as may be determined by board rule. An embalmer apprentice shall be registered with the board upon payment of a registration fee not to exceed $50.

History.-ss. 12, 43, ch. 82-179. 'Note.- Expires October 1, 1990, pursuant to s. 43, ch. 82-179, and is sched

uled for review pursuant to s. 11.61 in advance of that date.

'470.009 Licensure as a funeral director by examination.-

(!) Any person desiring to be licensed as a funeral director shall apply to the department to take the licensure examination. The department shall examine each applicant who the board certifies has met the requirements to qualify to take the examination to be a licensed embalmer pursuant to s. 470.006(1)(a)-(c), has been granted an Associate of Arts degree in mortuary science, and has completed a 1-year internship under a licensed funeral director.

(2) If the department finds that the applicant meets the requirements of subsection (1) and any other provisions of this chapter, it shall license the person as a funeral director if he has passed an examination prepared by the department on the following subjects:

(a) The signs of death. (b) The manner by which death may be deter

mined. (c) The laws and rules of the state and Federal

Government concerning funeral directing and embalming, disposition of dead human bodies, vital statistics, medical examiners, burial insurance and contracts, offenses concerning dead human bodies, and the shipment and care of bodies that died from infectious and contagious diseases.



board as an intern. (3) The board shall

'470.011 Licensure as a funeral director by adopt rules establishing an endorsement.-

1214

F.S. 1983 FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION Ch. 470

(1) The department shall issue a license by endorsement to practice funeral directing to an applicant who, upon applying to the department and remitting a fee set by the board not to exceed $250, demonstrates to the board that he:

(a) Holds a valid license to practice funeral directing in another state of the United States, provided that, when the applicant secured his original license, the requirements for licensure were substantially equivalent to or more stringent than those existing in this state; or

(b) Meets the qualifications for licensure in s. 470.009 and has successfully completed a state, regional, or national examination in mortuary science, which is substantially equivalent to or more stringent than the examination given by the department, within 10 years of the date of application.

(2) The department shall not issue a license by endorsement to any applicant who is under investigation in another jurisdiction for acts which would constitute a violation of this chapter until such time as the investigation is complete.

(3) State, regional, or national examinations and requirements for licensure in another state shall be presumed to be substantially equivalent to or more stringent than the examination and requirements in this state unless found otherwise by rule of the board. Such presumption shall not arise until January 1, 1980.

(4) Each applicant for licensure by endorsement must pass the examination on local and state laws and rules relating to the disposition of dead human bodies which is required under s. 470.009 and which shall be given by the department.

History.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


'470.012 Registration of a funeral director intern.-

(1) Any person desiring to become a funeral director intern shall make application to the department on forms provided by the department, together with a $25 nonrefundable fee. The application shall indicate the name and address of the licensed funeral director under whose supervision the intern will receive training and the name of the licensed funeral establishment where such training is to be conducted. The funeral director intern shall intern under the supervision of a licensed funeral director.

(2) The board shall adopt rules establishing an internship program and criteria for intern training agencies. Any funeral establishment where funeral directing is conducted shall be eligible to act as an intern training agency.

(3) No funeral establishment designated as an intern training agency shall exact a fee from any person obtaining intern training at such funeral establishment.

(4) Any person who on June 30, 1979, is a duly registered funeral director intern shall immediately be granted registration as a funeral director intern and shall receive credit for the obtaining of a license for the practice of funeral directing for all of the time spent by such intern prior to July 1, 1979.



'470.013 License as funeral director and embalmer permitted.-Nothing in this chapter shall be construed to prohibit a person from holding a license as an embalmer and a license as a funeral director at the same time.



'470.014 Concurrent internships.-The internship requirement for embalmers and funeral directors may be served concurrently pursuant to rules adopted by the board.



'470.015 Renewal of licenses.-(1) The department shall renew a license upon

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

(2) The department shall adopt rules establishing a procedure for the biennial renewal 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. 470.016.




'470.016 Inactive status.-(1) A license which has become inactive may be

reactivated pursuant to s. 470.015 upon application to the department. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license shall not exceed 12 classroom hours for each year the license was inactive. Any such license which has been inactive for more than 4 years shall automatically expire if the licensee has not made application for renewal of such license. Once a license expires, it becomes null and void without any further action by the board or department. One year prior to expiration of the license, the department shall give notice to the licensee.

2(2) The board shall promulgate rules relating to licenses which have become inactive and for the renewal of inactive licenses. The board shall prescribe by rule a fee not to exceed $50 for the reactivation of an inactive license and a fee not to exceed $50 for the renewal of an inactive license.



2Note.-Section 103, ch. 83-329, provides that any licensee whose license is inactive on October 1, 1983, "may retain inactive status for 4 years beginning from the date of the next biennial renewal, whereupon such inactive license shall expire, if no reactivation or renewal of the inactive license has occurred."

'470.017 Registration as a direct disposer.(1) Any person who is not a licensed funeral di

rector and who engages in the direct disposition of

1215


dead human bodies as defined by this chapter shall be registered pursuant to this section as a direct disposer.

(2) Any person who desires to be registered as a direct disposer shall file an application with the department on a form furnished by the department; pay the applicable fee , as provided by department rule, not to exceed $250; and meet the following requirements:

(a) Be 18 years of age. (b) Be a high school graduate or equivalent. (c) Have no conviction or finding of guilt, regard

less of adjudication, for a crime which directly relates to the functions and duties of a direct disposer or the practice of direct disposition.

(d) Have passed an examination prepared by the department on the subjects of the signs of death, the manner in which death may be determined, and the laws and rules of the state and Federal Government concerning disposition of dead human bodies, vital statistics, medical examiners, and offenses concerning dead human bodies.

History.-ss. I , 5, ch. 79-231; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October I, 1990, by s. 2, ch. 81 -318, and scheduled


'470.018 Renewal of registration of direct disposer.-

(1) The department shall renew a license upon receipt of the renewal application and fee set by the board not to exceed $250.


(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. 470.016.


History.-ss. I, 5, ch. 79-231; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October I , 1990, by s. 2, ch. 81-318, and scheduled


'470.019 Disciplinary actions against direct disposers.-

( I) Upon a finding of any one or more of the grounds enumerated in subsection (2) or any other section of this chapter, the department may take the following actions:

(a) Deny the application for registration as a direct disposer.

(b) Revoke the registration of the direct disposer. (c) Suspend the registration of the direct dispos

er. (d) Impose an administrative fine not to exceed

$1,000. (e) Issue a public reprimand. (2) The following shall be sufficient grounds for

disciplining according to subsection (1): (a) Procuring or attempting to procure a registra

tion by bribery, by fraudulent misrepresentations, or through an error of the department or board.

(b) Having been convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of direct disposition or the ability to practice direct disposition.

(c) Having been disciplined by a regulatory agency in another state for any offense that would constitute a violation of this chapter as it relates to direct disposers.

(d) Misrepresentation or fraud in the conduct of the business of a direct disposer.

(e) Making any false or misleading statement, oral or written, directly or indirectly, regarding any law or rule pertaining to the preparation for disposition, transportation for disposition, or disposition of the dead.

(f) Paying to or receiving from any organization, agency, or person, either directly or indirectly, any commission, bonus, kickback, or rebate in any form whatsoever for direct disposing business, by the registrant or his agent, assistant, or employee; however, this provision shall not prohibit the payment of commissions by a direct disposer to his agents registered pursuant to chapter 639 or to registrants hereunder.

(g) Aiding or abetting an unregistered person to engage in the disposition of dead human bodies or remains as provided under this chapter or to engage in conduct or activities for which a license to engage in the profession of funeral directing or embalming is required.

(h) Violation of any state law or rule or any municipal or county ordinance or regulation affecting the handling, custody, care, or transportation of dead bodies.

(i) Refusing to surrender promptly the custody of a dead human body upon the expressed order of the person legally authorized to its custody; however, this provision shall be subject to any state or local laws or rules governing custody or transportation of dead human bodies.

U) Taking possession of a dead human body without first having obtained written or oral permission from a legally authorized person to remove the body.

(k) Requiring that a casket be purchased for cremation or claiming directly or by implication that a casket is required for cremation.

(l) Advertising goods and services in a manner which is fraudulent, deceptive, or misleading in form or content.

(m) Violation or repeated violations of this chapter or chapter 455 and any rules promulgated pursuant thereto which relate to direct disposers.

(n) Practicing on a revoked or suspended registration.

(o) Soliciting by the registrant or his agent, assistant, or employee through the use of fraud, undue influence, intimidation, overreaching, or other form of vexatious conduct.

History.-ss. I , 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 18, ch. 83-316. 'Note.-Repealed effective October I, 1990, by s. 2, ch. 81-318, and scheduled


'470.021 Direct disposal establishment; standards and location; registration.-

( I) A direct disposer shall practice at a direct disposal establishment which has been registered with the department and which may be a cinerator facili-

1216


ty. The department shall establish by rule standards for such facilities, including, but not limited to, requirements for refrigeration and storage of dead human bodies.

(2) The practice of direct disposition must be engaged in at a fixed location. No person, partnership, corporation, association, or other organization shall open or maintain a place or establishment at which to engage in or conduct or hold himself or itself out as engaging in direct disposition unless permission has been granted by the department. Any change in location of such facility shall be reported promptly to the department as prescribed by rule of the department.

(3) An application for a direct disposal establishment registration shall be made on a form furnished by the department and shall be accompanied by a fee not to exceed $100 as set by the department.

(4) A direct disposal establishment registration shall be renewed biennially pursuant to procedures and upon payment of a fee not to exceed $100 as set by the department.

History.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; ss. 13, 43, ch. 82-179. 'Note.- Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled

for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1990, pursuant to s. 43, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'4 70.022 Direct disposition not funeral directing.-The duties, functions, and services performed by a direct disposer registrant, as provided by this chapter, shall not be deemed to constitute funeral directing or embalming or the duties, functions, or services performed by a funeral director or embalmer as otherwise defined and provided by this chapter.

History.-ss. 1, 5, ch. 79-231 ; ss. 2, 3, ch. 81 -318. 'Note.- Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


'470.023 Practice of direct disposition without registration.-Any person as an individual, as a partner in a partnership, or as an officer or employee of a corporation, association, or other organization, except for a licensed funeral director as defined by this chapter, who, without registration, holds himself out as a direct disposer or engages in direct disposition is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.



'4 70.024 Funeral establishment; licensure.( I) A funeral establishment shall be a place at a

specific street address or location and must consist of and maintain either a suitable room for storage of dead human bodies or a preparation room equipped with necessary ventilation and drainage and containing necessary instruments for embalming dead human bodies.

(2) No person shall conduct, maintain, manage, or operate a funeral establishment unless an establishment operating license has been issued by the department for that funeral establishment.

(3) Application for a funeral establishment license shall be made on forms furnished by the department, shall be accompanied by a fee not to exceed $100 as set by department rule, and shall in-

elude the name of the licensed funeral director who is in charge of that establishment.

( 4) A funeral establishment license shall be renewable biennially pursuant to procedures, and upon payment of a fee not to exceed $100, as set by department rule.

(5) If the practice of embalming is done at a funeral establishment, it shall only be practiced by a licensed embalmer.

(6) Each licensed funeral establishment shall have at least one full-time funeral director in charge and shall have a licensed funeral director reasonably available to the public during normal business hours for that establishment.

(7) The issuance of a license to operate a funeral establishment to a person or entity who is not individually licensed as a funeral director does not entitle the person to practice funeral directing as defined in this chapter, it being the intent of this chapter that such practice may be performed only by persons licensed as funeral directors.

(8) Each funeral establishment located at a specific address shall be deemed to be a separate entity and shall require separate licensing and compliance with the requirements of this chapter.

(9) Every funeral establishment licensed under this chapter shall at all times be subject to inspection by the department or any of its designated representatives or agents or local or Department of Health and Rehabilitative Services inspectors. The department shall by rule establish requirements for inspection of funeral establishments.

History.-ss. 1, 5, ch. 79-231; s. 338, ch. 81-259; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October l, 1990, by s. 2, ch. 81-318, and scheduled


'4 70.025 Cinerator facility; licensure.-( I) No person shall conduct, maintain, manage,

or operate a cinerator facility unless a license for such facility has been issued by the department.

(2) Application for licensure of cinerator facilities shall be on a form furnished and prescribed by the department and shall be accompanied by a license fee of up to $100 as set by department rule. No license shall be issued unless the cinerator facility has been inspected and approved as meeting all requirements as set forth by the department, the Department of Health and Rehabilitative Services, the Department of Environmental Regulation, or any local ordinance regulating the same.

(3) Licenses shall be renewed biennially in accordance with a schedule established by the department. The annual renewal fee shall be up to $100 as set by department rule.

(4) A change in ownership of a cinerator facility shall be promptly reported to the department.

(5) The board shall adopt rules requiring each facility to submit periodic reports to the department which include the names of persons cremated and the types of containers used.

(6) No more than one dead human body shall be placed in a retort at one time, unless written permission has been received from the personal representative responsible for each body.



1217


'470.026 Solicitation of goods or services.(1) The department is authorized to adopt rules

regulating the solicitation of goods or services by licensees or registrants.

(2) The department shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability.

(3) The department shall regulate such solicitation which comprises an uninvited invasion of personal privacy. It is the express finding of the Legislature that the public has a high expectation of privacy in one's personal residence, and the department by rule may restrict the hours or otherwise regulate such solicitation in the personal residence of a person unless the solicitation has been previously and expressly requested by the person solicited.

(4) Nothing in this act shall be construed to restrict the right of a person to lawfully advertise, direct mail, or otherwise communicate in a manner not within the definition of solicitation or to solicit the business of anyone responding to such communication or otherwise initiating discussion of the goods or services being offered.

History.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81 -318. 'Note.-Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled

fo r review pursuant to s. 11.61 in advance of that date.

'470.027 Exemption of certificateholder under chapter 639.-Nothing in this chapter shall prevent a certificateholder under chapter 639 from selling preneed funerals and funeral merchandise through its agents and employees.



'470.028 Preneed sales; registration of agents.-

(1) All sales of preneed funeral service contracts or direct disposition contracts shall be made pursuant to chapter 639.

(2) No person may act as an agent for a funeral director, funeral establishment, direct disposer, or direct disposer establishment with respect to the sale of preneed contracts unless such person is registered pursuant to chapter 639.

(3) Each licensee or registrant shall be subject to discipline if his agent violates any provision of this chapter applicable to such licensee or registrant.

History.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; ss. 14, 43, ch. 82-179; s. 16, ch. 83-316.

'Note.- Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1990, pursuant to s. 43, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'470.029 Affidavit of cases embalmed and bodies handled.-Each funeral establishment or direct disposal establishment shall report monthly on a form prescribed and furnished by the department the name of the deceased and such other information as may be required with respect to each dead human body embalmed or otherwise handled by the establishment. Such forms shall be signed by the embalmer who performs the embalming and the funeral director in charge of the establishment or by the direct

disposer who disposes of the body. These reports, in affidavit form, shall be submitted to the local registrar of vital statistics within 5 working days after the end of each month. The local registrar shall forward said reports to the department within 10 days after receipt.

History.-ss. 1, 5, ch. 79-231; s. 339, ch. 81-259; ss. 2, 3, ch. 81 -318. 'Note.-Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


'470.031 Prohibitions; penalties.(1) No person shall: (a) Practice funeral directing, embalming, or di

rect disposition unless the person holds an active license or registration under this chapter.

(b) Use the name or title "funeral director," "embalmer," or "direct disposer" when the person has not been licensed or registered pursuant to this chapter.

(c) Represent as his own the license or registration of another.

(d) Give false or forged evidence to the board, a member thereof, or the department for the purpose of obtaining a license or registration.

(e) Use or attempt to use a license or registration which has been suspended or revoked.

(f) Knowingly employ unlicensed persons in the practice of funeral directing, embalming, or direct disposing.

(g) Knowingly conceal information relative to violations of this chapter.

(2) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084.


for review pursuant to s. 11.61 in advance of t hat date.

'470.032 Unlawful to remove or embalm body without consent of proper official when crime is suspected.-It is unlawful for a licensee or registrant to remove or embalm a dead human body when he has information indicating crime or violence of any sort in connection with the cause of death until permission of the medical examiner or other lawfully authorized official has first been obtained.

History.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318. ' Note.- Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


'470.033 Sale of funeral merchandise.-If a licensee or registrant offers funeral merchandise for sale as part of his services to a consumer, he shall be subject to disciplinary action as provided in this chapter if he:

(1) When displaying any caskets, fails to display the least expensive casket offered for sale or use in adult funerals in the same general manner as the funeral service industry member's other caskets are displayed.

(2) Makes oral, written, or visual representations, directly or indirectly, that any funeral merchandise or service is offered for sale when such is not a bona fide offer to sell said merchandise or service.

(3) Discourages a customer's purchase of any funeral merchandise or service which is advertised or offered for sale, with the purpose of encouraging the purchase of additional or more expensive merchan-

1218


dise or service, by disparaging its quality or appearance, except that true factual statements concerning features, design, or construction do not constitute disparagement; by misrepresenting its availability or any delay involved in obtaining it; or by suggesting directly or by implication that a customer's concern for price or expressed interest in inexpensive funeral merchandise or services is improper, inappropriate, or indicative of diminished respect or affection for the deceased.

(4) Fails to have the price of any casket offered for sale clearly marked on or in the casket, whether the casket is displayed at the funeral establishment or at any other location, regardless of whether the licensee or registrant is in control of such location. If a licensee uses books, catalogs, brochures, or other printed display aids, the price of each casket shall be clearly marked.

History.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1,1990, by s. 2, ch. 81-318, and scheduled


' 470.034 Disclosure of information to public. -If a licensee or registrant offers to provide services to the public, he shall be subject to disciplinary action as provided in this chapter if he:

(1) Fails to reasonably provide by telephone, upon request, accurate information regarding the retail prices of funeral merchandise and services offered for sale by that licensee or registrant or fails to disclose in response to a general telephone inquiry about the licensee's or registrant's offerings or prices that price information is available over the telephone.

(2) Fails to fully disclose all of his available services and merchandise prior to the selection of a casket. The full disclosure required shall identify what is included in the funeral or direct disposition and the prices of all services and merchandise provided by the licensee or registrant. Full disclosure shall also be made in the case of a funeral or direct disposition with regard to the use of funeral merchandise which is not to be disposed of with the body, and written permission shall be obtained from the purchaser.

(3) Makes any false or misleading statements of the legal requirement as to the conditions under which preservation of a dead human body is required or as to the necessity of a casket or outer burial container.

(4) Fails to disclose, when such disclosure is desired, the components of the prices for alternatives such as:

(a) Graveside service. (b) Direct disposition. (c) Body donation without any rites or ceremo

nies prior to the delivery of the body and prices of service if there are to be such after the residue has been removed following the use thereof.



'470.035 Itemized price lists.-A licensee shall be subject to disciplinary action as provided in this chapter if he:

(1) Fails to furnish for retention to anyone who

inquires in person about the arrangement of funeral merchandise and services, before any discussion of selection, a printed or typewritten list concerning the retail prices for at least each of the following items, if regularly offered for sale:

(a) Transfer of the body to the funeral home. (b) Embalming, together with the statement that

embalming is not required by state law. (c) Use of facilities for viewing. (d) Use of facilities for funeral service. (e) Use of hearse. (f) Use of limousine. (g) Other transportation. (h) Casket price range with a statement that a

complete price list is available. (i) Alternative container price range. (j) Outer burial container price range with a

statement that a complete price list is available. (k) Other professional services. (2) Fails to include on the list provided in subsec

tion (1) the name, address, and telephone number of the funeral establishment and the statement that the consumer may choose only the items he desires, that he will be charged for only those items he uses, and that there may be extra charges for other items such as cemetery fee and flowers.

(3) Fails to furnish for retention to each customer making arrangements a written agreement listing at least the following categories of services and merchandise, if selected by the customer, together with the price for each item:

(a) Embalming. (b) Other preparation of the body. (c) Use of facilities for viewing. (d) Use of facilities for funeral ceremony. (e) Services of funeral director and staff. (f) Casket or alternative container as selected. (g) Other specifically itemized charges for mer-

chandise, services, facilities, or transportation. (h) Specifically itemized cash advances, to the ex

tent then known. If estimates are given, a written statement of the actual charges must be provided before the final bill is paid; provided that the charge for the item provided in paragraph (e) is to reflect only those services actually provided. The principal services actually provided for this charge must be specified in writing.

(4) Fails to include on the written agreement required by subsection (3) the name, address, and telephone number of the funeral home and the statement that charges are only for those items that are used and that, if the type offuneral selected requires extra items, an explanation will be given.

(5) Fails to include immediately below the items required by subsection (3) the signatures of the customer and the funeral director and the date signed.

History.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1,1990, by s. 2, ch. 81-318, and scheduled


'470.036 Disciplinary proceedings.-(!) The following acts constitute grounds for

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

(a) Violation of any provision of s. 470.031 or s. 455.227(1).

1219


(b) Attempting to procure, or procuring, a license to practice embalming or funeral directing by bribery, by fraudulent misrepresentations, or through an error of the department or the board.

(c) Having a license to practice funeral directing or embalming revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another jurisdiction.

(d) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of embalming or funeral directing or the ability to practice embalming or funeral directing.

(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, local, 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 funeral director or embalmer.


(g) Fraud or deceit, or negligence, incompetency, or misconduct, in the practice of funeral directing or embalming.

(h) A violation or repeated violation of this chapter or of chapter 455 and any rules promulgated pursuant thereto.

(i) 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.

U) Practicing on a revoked, suspended, or inactive license.

(k) Misrepresentation or fraud in the conduct of the business of or profession of the licensee.

(I) Making any false or misleading statement, oral or written, directly or indirectly, regarding any law or rule pertaining to the disposition of dead human bodies.

(m) Making any false or misleading statement, oral or written, directly or indirectly, regarding the sale of services or merchandise in connection with funeral directing or embalming, on a preneed or at-need basis.

(n) Aiding or abetting an unlicensed person to practice any licensed activity.

(o) Violation of any state law or rule or municipal or county ordinance or regulation affecting the handling, custody, care, or transportation of dead bodies.

(p) Refusing to surrender promptly the custody of a dead human body upon the express order of the legally authorized person; however, this provision shall be subject to any state laws or rules governing custody or transportation of deceased human bodies.

(q) Paying to or receiving from any organization, agency, or person, either directly or indirectly, any commission, bonus, kickback, or rebate in any form whatsoever for funeral directing business or embalming business, by the licensee, or his agent, assistant, or employee; however, this provision shall not prohibit the payment of commissions by a funeral director or funeral establishment to its agents registered pursuant to chapter 639 or to licensees hereunder.

(r) Taking possession of a dead human body without first having obtained written or oral permission from a legally authorized person.

(s) Requiring that a casket be purchased for cremation or claiming directly or by implication that a casket is required for cremation.

(t) Embalming a deceased human body without first having obtained written or oral permission from a legally authorized person; however, washing and other public health procedures, such as closing of the orifices by placing cotton soaked in a disinfectant in such orifices until authorization to embalm is received, shall not be precluded.

(u) Misrepresenting the amount advanced on behalf of a customer for any item of service or merchandise, including, but not limited to, cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, nurses, obituary notices, gratuities, and death certificates, described as cash advances, accommodations, or words of similar import on the contract, final bill, or other written evidence of agreement or obligation furnished to customers; however, nothing herein shall require disclosure of a discount or rebate which may accrue to a licensee subsequent to making a cash advance.

(v) Making any false or misleading statement or claim that natural decomposition or decay of human remains can be prevented or substantially delayed by embalming, use of a sealed or unsealed casket, or use of a sealed or unsealed outer burial container.

(w) Solicitation by the licensee, or his agent, employee, or assistant, through the use of fraud, undue influence, intimidation, overreaching, or other form of vexatious conduct.

(2) When the board finds any 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:




(f) Restriction of the authorized scope of practice.


History.-ss. 1, 5, ch. 79-231; ss. 2, 3, ch. 81-318; s. 19, ch. 83-316. 'Note.- Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


'470.037 Prosecution of criminal violations. -The department shall report any criminal violation of this chapter to the proper prosecuting authority for prompt prosecution.


for review pursuant to s . 11.61 in advance of that date.

1220

F.S. 1983 FUNERAL DIRECTING, EMBALMING, AND DIRECT DISPOSITION Ch.470

'470.038 Reciprocity.-In order to ensure that funeral directors, embalmers, and direct disposers who are licensed or registerea in this state may be considered for licensure or registration in other states, the board may enter into reciprocity agreements with other states.

History.-ss. 1, 5, ch. 79·231; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


'4 70.039 Exceptions.-( I) Nothing in this chapter shall be construed to

limit the sale of caskets, alternative containers, outer burial containers, or funeral merchandise by any person.

(2) Nothing in this chapter shall be construed to override the written instructions or wishes of the deceased as to how his body is to be disposed of, if such instructions are reasonably available at the time of death.



'470.0395 Saving clauses.-(1) No judicial or administrative proceeding

pending on July 1, 1979, shall be abated as a result of the repeal and reenactment of this chapter.

(2) All licenses valid on the effective date of this act shall remain in full force and effect. Henceforth, all licenses or registrations shall be applied for and renewed in accordance with this chapter.

(3) Notwithstanding the provisions of s. 470.024, any licensed establishment operating a branch chapel on June 30, 1979, in accordance with the law then in effect, as determined by the board, may continue to operate such branch chapel for the sole and exclusive purpose of providing and holding funeral services.

His tory.-ss. 3, 4, ch. 79-231; s. 1, ch. 81-303; s. 2, ch. 81-318. 'Note.- Repealed effective October 1, 1990, by s. 2, ch. 81-318, and scheduled


1221

Ch. 471 ENGINEERING F.S. 1983

CHAPTER 471

ENGINEERING

471.001 471.003 471.005 471.007 471.009 471.011 471.013 471.015 471.017 471.019 471.021

471.023

471.025 471.027

471.031 471.033 471.035 471.037 471.039

Purpose. Qualifications for practice, exemptions. Definitions. Board of Professional Engineers. Board headquarters. Fees. Examinations; prerequisites. Licensure. Renewal of license. Inactive status. Engineers and firms of other states; tempo

rary certificates to practice in Florida. Certification of partnerships and corpora

tions. Seals. Engineers authorized to enter lands of

third parties under certain conditions. Prohibitions; penalties. Disciplinary proceedings. Prosecution of criminal violations. Effect of ss. 471.001-471.039 locally. Registrations remain in force.

'471.001 Purpose.- The Legislature finds that, if incompetent engineers performed engineering services, physical and economic injury to the citizens of the state would result and, therefore, deems it necessary in the interest of public health and safety to regulate the practice of engineering in this state.

History.-ss. I , 42, ch. 79-243; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October I, 1989, by s. 2, ch. 81-318, and scheduled


'471.003 Qualifications for practice, exemptions.-

(1) No person other than a duly registered engineer shall practice engineering or use the name or title of "registered engineer" or any other title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active registration as an engineer in this state.

(2) The following persons are not required to register under the provisions of ss. 471.001-471.039 as a registered engineer:

(a) Any person practicing engineering for the improvement of, or otherwise affecting, property legally owned by him, unless such practice involves a public utility or the public health, safety, or welfare or the safety or health of employees. This paragraph shall not be construed as authorizing the practice of engineering through an agent or employee who is not duly registered under the provisions of ss. 471.001-4 71.039.

(b) A person acting as a public officer employed by any state, county, municipal, or other governmental unit of this state when working on any project the total estimated cost of which is $10,000 or less.

(c) Regular full-time employees of a corporation not engaged in the practice of engineering as such, whose practice of engineering for such corporation is limited to the design or fabrication of manufactured products and servicing of such products.

(d) Regular full -time employees of a public utility or other entity subject to regulation by the Florida Public Service Commission, Federal Energy Regulatory Commission, or Federal Communications Commission.

(e) Employees of a firm, corporation, or partnership who are the subordinates of a person in responsible charge, registered under ss. 471.001-471.039.

(f) Any certified full-time faculty member teaching the principles and methods of engineering design in any college or university located in the state, as of July 1, 1979, and any such faculty member initially employed after July 1, 1979, for a period of 2 years from the date of employment.

(g) Any person as contractor in the execution of work designed by a professional engineer or in the supervision of the construction of work as a foreman or superintendent.

(h) A registered land surveyor who takes, or contracts for, professional engineering services incidental to his practice of land surveying and who delegates such engineering services to a registered professional engineer qualified within his firm or contracts for such professional engineering services to be performed by others who are registered professional engineers under the provisions of ss. 471.001-471.039.

' (i) Any electrical, plumbing, air-conditioning, or mechanical contractor whose practice includes the design and fabrication of electrical, plumbing, air-conditioning, or mechanical systems, respectively, which he installs by virtue of a license issued under chapter 489, under part I of chapter 553, or under any special act or ordinance when working on any construction project which:

1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value of $50,000 or less, and

a. Requires an aggregate service capacity of 600 amperes (240 volts) or less on a residential electrical system or 800 amperes (240 volts) or less on a commercial or industrial electrical system; or

b. Requires a plumbing system with fewer than 250 fixture units; or

c. Requires a heating, ventilation, and air-conditioning system not to exceed a 15-ton-per-system capacity, or if the project is designed to accommodate 100 or fewer persons; or

2. Is less than 5,000 square feet in area and is designed for public assembly.

(3) Notwithstanding the provisions of ss. 471.001-471.039 or of any other law, no registered engineer whose principal practice is civil or structural engineering, or employee or subordinate under the responsible supervision or control of the engineer, is precluded from performing architectural services which are purely incidental to his engineering practice, nor is any registered architect, or employee or subordinate under the responsible supervision or control of the architect, precluded from performing engineering services which are purely incidental to his architectural practice. However, no engineer shall practice architecture or use the designation "architect" or any term derived therefrom, and no architect

1222

F.S. 1983 ENGINEERING Ch. 471

shall practice engineering or use the designation "engineer" or any term derived therefrom.

History.-ss. 10, 42, ch. 79-243; ss. 3, 10, ch. 81-302; ss. 2, 3, ch. 81-318; s. 5, ch. 82-179; s. 3, ch. 83-160; ss. 46, 119, ch. 83-329.


' Note.- The amendment of this paragraph by s. 46 of ch. 83-329 during the special session of J une 15-24, 1983, did not incorporate the amendment of the same paragraph by s. 3 of ch. 83-160 during the regular session. Because the provisions of s. 46 of ch. 83-329 appear to be in conflict with the provisions of s. 3, ch. 83- 160, paragraph (i ) is published here only as amended by ch. 83-329; see s. 119, ch. 83-329. As amended by s. 3, ch. 83-160, paragraph (i) would read:

(i ) Any electrical, plumbing, air-condi t ioning, or mechanical cont rac tor whose practice includes the des ign and fabricat ion of electrical, plumbing, ai r-cond itioning, or mechanical systems, respectively, which he installs by vi rtue of a license issued under chapter 489, under part I of chapter 553, or under any special act or ord inance when working on any construction project other than one for which a document is required under s. 553.79(5) or which:

1. Requires an electric or plumbing or air·conditioning and refrigeration system with a value of $50,000 or less and:

a. Requires an electrical system with an aggregate service capacity of 600 or less amperes (240 volts) in residential construct ion or less than 800 amperes (240 volts) in commercial or industrial construction; or

b. Requires a plumbing system with 250 fixture uni ts or fewer; or c. Requires a heating, vent ilation, and air·conditioning system with a per

system capacity of 15 tons or less, or req uires a heating, vent ilation, or air-condit ioning system with greater capacity if the project is designed to accommodate fewer than 100 persons; or

2. Is 5,000 square feet or less in area and is designed for public assembly.

1471.005 Definitions.-As used m ss . 471.001-471.039:

(1) "Board" means the Board of Professional Engineers.

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

(3) "Engineer" includes the terms "professional engineer" and "registered engineer" and means a person who is registered to engage in the practice of engineering under ss. 4 71.001-4 71.039.

(4)(a) "Engineering" includes the term "professional engineering" and means any service or creative work, the adequate performance of which requires engineering education, training, and experience, in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation , evaluation, planning, and design of engineering works and systems, planning the use of land and water, teaching of the principles and methods of engineering design, engineering surveys, and the inspection of construction for the purpose of determining in general if the work is proceeding in compliance with drawings and specifications; any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services.

(b) A person shall be construed to practice or offer to practice engineering within the meaning and intent of ss. 471.001-471.039, who practices any branch of engineering; who, by verbal claim, sign, advertisement, letterhead, card, or in any other way, represents himself to be an engineer or, through the use of some other title, implies that he is an engineer or that he is registered under ss. 471.001-471.039; or who holds himself out as able to perform, or does perform, any engineering service or work or any other

service designated by the practitioner which is recognized as engineering.

(5) The term "engineer intern" means a person who has graduated from, or is in the final year of, an engineering curriculum approved by the board and has passed the fundamentals of engineering examination as provided by rules adopted by the board.

(6) "License" means the registration of engineers or certification of businesses to practice engineering in this state.

(7) "Certificate of authority" means a license to practice engineering issued by the department to a corporation or partnership.

(8) "Threshold building" means any building or structure which has a total floor area exceeding 25,000 square feet, which building or structure is greater than two stories or 25 feet in height, which building or structure has an assembly occupancy greater than 5,000 square feet, or which building or structure is of unusual design or construction as determined by the building official, except a residential structure three stories or less in height and any building defined in s. 481.203(7) or s. 481.229.

History.- ss. 2, 42, ch. 79-243; ss. 4, 10, ch. 81-302; ss. 2, 3, ch. 81-318; s. 4, ch. 83-160.

' Note.-Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date.

1471.007 Board of Professional Engineers.(!) There is created in the Department of Profes

sional Regulation a Board of Professional Engineers. The board shall consist of nine members, seven of whom shall be registered engineers and two of whom shall be lay persons who are not and have never been engineers or members of any closely related profession or occupation. Of the members who are registered engineers, three shall be civil engineers, one shall be either an electrical or electronic engineer, one shall be a mechanical engineer, one shall be an engineering educator, and one shall be from any discipline of engineering other than civil engineering.

(2) Initially, the Governor shall appoint four members for a term of 4 years, three members for a term of 3 years, and two members for a term of 2 years. Thereafter, members shall be appointed for 4-year terms.

History.-ss. 3, 42, ch. 79-243; ss. 5, 9, 10, ch. 81-302; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled


'4 71.009 Board headquarters.-The location of the Board of Professional Engineers shall be in Leon County; provided, however, that this relocation shall be accomplished by January 1, 1980.

History.-ss. 3, 42, ch. 79-243; ss. 6, 10, ch. 81-302; ss. 2, 3, ch. 81-318. 'Note.-Repealed effect ive October 1, 1989, by s. 2, ch. 81-318, and scheduled


1471.011 Fees.-The board, by rule, may establish fees to be paid for applications, examination, reexamination, licensing and renewal, reinstatement, and recordmaking and recordkeeping. The fee for initial application and examination shall not exceed $150. The fee for application for registration by endorsement shall not exceed $50. The biennial renewal fee shall not exceed $50. The board may also establish, by rule, a late renewal penalty. The fee for a temporary registration or certificate to practice engi-

1223

Ch. 471 ENGINEERING F.S. 1983

neering in this state shall not exceed $25 for an individual or $50 for a business firm. The board shall establish fees which are adequate to ensure the continued operation of the board. Fees shall be based on department estimates of the revenue required to implement ss. 471.001-471.039 and the provisions of law with respect to the regulation of engineers.

History.- ss. 4, 42, ch. 79-243; ss. 2, 3, ch. 81 -318. 'Note.- Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled


'471.013 Examinations; prerequisites.(1)(a) A person shall be entitled to take an exam

ination for the purpose of determining whether he is qualified to practice in this state as an engineer if the person is of good moral character and:

1. Is a graduate from an approved engineering curriculum of 4 years or more in a school, college, or university which has been approved by the board and has a record of 4 years of active engineering experience of a character indicating competence to be in responsible charge of engineering;

2. Is a graduate of an approved engineering technology curriculum of 4 years or more in a school, college, or university within the State University System, having been enrolled or having graduated prior to July 1, 1979, and has a record of 4 years of active engineering experience of a character indicating competence to be in responsible charge of engineering; or

3. Has, in lieu of such education and experience requirements, 10 years or more of active engineering work of a character indicating that the applicant is competent to be placed in responsible charge of engineering. However, this subparagraph does not apply unless such person notifies the department before July 1, 1984, that he was engaged in such work on July 1, 1981.

The board shall adopt rules providing for the review and approval of schools or colleges and the courses of study in engineering in such schools and colleges. The rules shall be based on the educational requirements for engineering as defined in s. 471.005. The board may adopt rules providing for the acceptance of the approval and accreditation of schools and courses of study by a nationally accepted accreditation organization.

(b) A person shall be entitled to take an examination for the purpose of determining whether he is qualified to practice in this state as an engineer intern if he is in the final year of, or is a graduate of, an approved engineering curriculum in a school, college, or university approved by the board.

(2)(a) The board may refuse to certify an applicant for failure to satisfy the requirement of good moral character only if:

1. There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a registered engineer; and

2. The finding by the board of lack of good moral character is supported by clear and convincing evidence.

(b) When an applicant is found to be unqualified for a license because of a lack of good moral character, the board shall furnish the applicant a statement

containing the findings of the board, 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.

History.- ss. 5, 42, ch. 79-243; s. 340, ch. 81-259; ss. 7, 10, ch. 81-302; ss. 2, 3, ch. 81-318.


'471.015 Licensure.-(!) The department shall license any applicant

who the board certifies is qualified to practice engi~eering and who has passed the licensing examination.

(2) The board shall certify for licensure any applicant who satisfies the requirements of s. 471.013. The board may refuse to certify any applicant who has violated any of the provisions of s. 471.031.

(3) The board shall certify as qualified for a license by endorsement an applicant who:

(a) Qualifies to take the examination as set forth ins. 471.013, has passed a national, regional, state, or territorial licensing examination which is substantially equivalent to the examination required by s. 471.013, and has satisfied the experience requirements set forth ins. 471.013; or

(b) Holds a valid license to practice engineering issued by another state or territory of the United States, if the criteria for issuance of such license were substantially identical to the licensure criteria which existed in this state at the time the license was issued.

(4) The department shall not issue a license by endorsement to any applicant who is under investigation in another state for any act which would constitute a violation of ss. 471.001-471.039 or of chapter 455 until such time as the investigation is complete and disciplinary proceedings have been terminated.

History.- ss. 6, 42, ch. 79-243; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled


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



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 ins. 471.019.





reactivated pursuant to s. 4 71.017 upon application to the department. The board shall prescribe by rule continuing education requirements for reactivating a license. The continuing education requirements for reactivating a license shall not exceed 12 classroom

1224

F.S. 1983 ENGINEERING Ch.471

hours for each year the license was inactive. Any such license which has been inactive for more than 4 years shall automatically expire if the licensee has not made application for renewal of such license. Once a license expires, it becomes null and void without any further action by the board or department. One year prior to expiration of the license, the department shall give notice to the licensee.




'Note.-Section 104, ch. 83-329, provides that any licensee whose license is inactive on October 1, 1983, "may retain inactive status for 4 years beginning from the date of the next biennial renewal, whereupon such inactive license shall expire, if no reactivation or renewal of the inactive license has occurred."

1 471.021 Engineers and firms of other states; temporary certificates to practice in Florida.-

(1) Upon approval of the board and payment of the fee set ins. 471.011, the department shall grant a temporary registration for work on one specified project in this state for a period not to exceed 1 year to an engineer holding a certificate to practice in another state, provided Florida registrants are similarly permitted to engage in work in such state.

(2) Upon approval by the board and payment of the fee set ins. 471.011, the department shall grant a temporary certificate of authorization for work on one specified project in this state for a period not to exceed 1 year to an out-of-state corporation, partnership, or firm, provided one of the principal officers of the corporation, one of the partners of the partnership, or one of the principals in the fictitiously named firm has obtained a temporary certificate of registration in accordance with subsection (1).

(3) The application for a temporary license shall constitute appointment of the Department of State as an agent of the applicant for service of process in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the practice of engineering for which the temporary license was issued.



1471.023 Certification of partnerships and corporations.-

(1) 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. 4 71.001-4 71.039 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 in this

state shall be registered 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 herein 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 the 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 professional 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 a 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, misconduct, or wrongful acts committed by their agents, employees, or partners while acting in a professional capacity. Any officer, agent, or employee of a corporation 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 corporation. 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 incorporated 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-

1225

Ch. 471 ENGINEERING F.S.1983

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

History.-ss. 11 , 42, ch. 79-243; s. I , ch. 80-223; ss. 2, 3, ch. 81-318. ' Note.- Repealed effective October I , 1989, by s. 2, ch. 81-318, and scheduled


'471.025 Seals.-(1) The board shall prescribe, by rule, a form of

seal to be used by registrants holding valid certificates of registration. Each registrant shall obtain an impression-type metal seal in the form aforesaid. All plans, specifications, plats, or reports prepared or issued by the registrant and being filed for public record shall be signed by the registrant, dated, and stamped with said seal. Such signature, date, and seal shall be evidence of the authenticity of that to which they are affixed. It is unlawful for any person to stamp or seal any document with a seal after his certificate of registration has expired or been revoked or suspended, unless reinstated or reissued.

(2) When the certificate of registration of a registrant has been revoked or suspended by the board, it shall be mandatory that the registrant surrender his seal to the secretary of the board within a period of 30 days after the revocation or suspension has become effective. In the event the registrant's certificate has been suspended for a period of time, his seal shall be returned to him upon expiration of the suspension period.

(3) No registrant shall affix or permit to be affixed his seal or name to any plan, specification, drawing, or other document which depicts work which he is not licensed to perform or which is beyond his profession or specialty therein.

History.-ss. 12, 42, ch. 79-243; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October I , 1989, by s. 2, ch. 81-318, and scheduled


'471.027 Engineers authorized to enter lands of third parties under certain conditions. -Engineers are hereby granted permission and authority to go on, over, and upon the lands of others when necessary to make engineering surveys and, in so doing, to carry with them their agents and employees necessary for that purpose. Entry under the right hereby granted shall not constitute trespass, and engineers and their duly authorized agents or employees so entering shall not be liable to arrest or a civil action by reason of such entry; however, nothing in this section shall be construed as giving authority to said registrants, agents, or employees to destroy, injure, damage, or move anything on lands of another without the written permission of the landowner.



'471.031 Prohibitions; penalties.(!) No person shall knowingly: (a) Practice engineering unless the person is reg

istered pursuant toss. 471.001-471.039; (b) Use the name or title "registered engineer" or

any other title, designation, words, letters, abbreviations, or device tending to indicate that such person holds an active registration as an engineer when the person is not registered pursuant to ss . 471.001-471.039;

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

a member thereof for the purpose of obtaining a registration;

(e) Use or attempt to use a registration which has been suspended, revoked, or placed on inactive status;

(f) Employ unlicensed persons to practice engineering; or

(g) Conceal information relative to violations of ss. 471.001-471.039.

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

History.-ss. 14, 42, ch. 79-243; ss. 2, 3, ch. 81-318; s. 47, ch. 83-329. 'Note.- Repealed effective October I , 1989, by s. 2, ch. 81-318, and scheduled




(a) Violation of any provision of s. 471.031 or s. 455.227(1);

(b) Attempting to procure a license to practice engineering by bribery or fraudulent misrepresentations;

(c) Having a license to practice engineering 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, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of engineering or the ability to practice engineering;

(e) Making or filing a report or record which the licensee knows to be false, willfully 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 engineer;

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

(g) Fraud or deceit, negligence, incompetence, or misconduct, in the practice of engineering;

(h) Violation of chapter 455; (i) Practicing on a revoked, suspended, or inac

tive license; or (j) Affixing or permitting to be affixed his seal or

his name to any plans, designs, drawings, or specifications which were not prepared by him or under his responsible supervision, direction, or control.

(2) The board shall specify, by rule, what acts or omissions constitute a violation of subsection (1).

(3) When the board finds any person guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties:


ceed $1,000 for each count or separate offense.

1226

F.S. 1983 ENGINEERING Ch. 471

(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.

(f) Restriction of the authorized scope of practice by the licensee.

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

History.-ss. 15, 42, ch. 79-243; ss. 8, 10, ch. 81-302; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October I, 1989, by s. 2, ch. 81-318, and scheduled


'471.035 Prosecution of criminal violations. -The board shall report any criminal violation of ss. 471.001-471.039 to the proper prosecuting authority for prompt prosecution.



'471.037 Effect of ss. 471.001-471.039 locally.-

(1) Nothing contained in ss. 471.001-471.039 shall be construed to repeal, amend, limit, or otherwise affect any local building code or zoning law or ordinance, now or hereafter enacted, which is more restrictive with respect to the services of registered engineers than the provisions of ss. 471.001-471.039.

(2) In counties or municipalities which issue building permits, such permits shall not be issued in any case in which it is apparent from the application for such building permit that the provisions of ss. 471.001-471.039 have been violated. However, this shall not authorize the withholding of building permits in any cases within the exempt classes set forth in ss. 471.001-471.039.

History.-ss. 13, 42, ch. 79-243; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October l, 1989, by s. 2, ch. 81-318, and scheduled


'471.039 Registrations remain in force. -Registrations of engineers in effect on June 30, 1979, shall remain in effect under ss. 471.001-471.039.



1227

Ch.472 LAND SURVEYING F.S. 1983

CHAPTER 472

LAND SURVEYING

472.001 472.003

472.005 472.007 472.009 472.011 472.013 472.015 472.017 472.019 472.021

472.023

472.025 472.027

472.029

472.031 472.033 472.035 472.037 472.039

Purpose. Persons not affected by ss.

472.001-4 72.039. Definitions. Board of Professional Land Surveyors. Board headquarters. Fees. Examinations, prerequisites. Licensure. Renewal of license. Inactive status. Certification of partnerships and corpora

tions. Land surveyors and firms of other states;

temporary certificates to practice in this state.

Seals. Minimum technical standards for land sur

veying. Land surveyors authorized to enter lands

of third parties under certain conditions. Prohibitions; penalties. Disciplinary proceedings. Prosecution of criminal violations. Application of ss. 472.001-472.039. Registrations remain in force.

'472.001 Purpose.- The Legislature finds that improper land surveying of land, water, and space presents a significant threat to the public and therefore deems it necessary to regulate land surveyors as provided in ss. 472.001-472.039.

History.- ss. 20, 42, ch. 79-243; ss. 2, 3, ch. 81-318. ' Note.- Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled


'472.003 Persons not affected by ss. 472.001-472.039.-Sections 472.001-472.039 do not apply to:

(1) Any land surveyor working as a salaried employee of the United States Government when engaged in work solely for the United States Government.

(2) A registered professional engineer who takes or contracts for professional land surveying services incidental to his practice of engineering and who delegates such land surveying services to a registered professional land surveyor qualified within his firm or contracts for such professional land surveying services to be performed by others who are registered professional land surveyors under the provisions of ss. 4 72.001-4 72.039.

History.-ss. 29, 42, ch. '/9-243; ss. 2, 3, ch. 81-3 18. 'Note.- Repealed effective October I, 1989, by s. 2, ch. 81-318, and scheduled

for review pursuant to s. 11.6 1 in advance of that date.

'472.005 Definitions.-As used in ss. 472.001-472.039:

(1) "Board" means the Board of Professional Land Surveyors.

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

(3) "Land surveyor" includes the term "professional land surveyor" and means a person who is registered to engage in the practice of land surveying under ss. 472.001-472.039.

(4)(a) "Practice of land surveying" means, among other things, any professional service or work, the adequate performance of which involves the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the relevant requirements of law for adequate evidence of the act of measuring, locating, establishing, or reestablishing lines, angles, elevations, natural and manmade features in the air, on the surface and immediate subsurface of the earth, within underground workings, and on the beds or surface of bodies of water, for the purpose of determining or establishing the facts of size, shape, topography, tidal datum planes, legal or geodetic location or relocation, and orientation of improved or unimproved real property and appurtenances thereto, including acreage and condominiums.

(b) The practice of land surveying also includes, but is not limited to, photogrammetric control; the monumentation and remonumentation of property boundaries and subdivisions; the measurement of and preparation of plans showing existing improvements after construction; the layout of proposed improvements; the preparation of descriptions for use in legal instruments of conveyance of real property and property rights; the preparation of subdivision planning maps and record plats, as provided for in chapter 177; the determination of, but not the design of, grades and elevations of roads and land in connection with subdivisions or divisions of land; and the creation and perpetuation of alignments related to maps, record plats, field note records, reports, property descriptions, and plans and drawings that represent them.

(5) The term "surveyor intern" includes the term "land surveyor-in-training" and means a person who complies with the requirements provided by ss. 472.001-472.039 and has passed an examination as provided by rules adopted by the board.

(6) The term "responsible charge" means direct control and personal supervision of land surveying work, but does not include experience as a chainman, rodman, instrumentman, ordinary draftsman, and other positions of routine work.

(7) The term "license" means the registration of land surveyors or the certification of businesses to practice land surveying in this state.

History.-ss. 21, 42, ch. 79-243; ss. 2, 3, ch. 81-318; s. 48, ch. 83-329. 'Note.- Repealed effective October I, 1989, by s. 2, ch. 81-318, and scheduled


'472.007 Board of Professional Land Surveyors.-

(1) There is created in the Department of Professional Regulation a Board of Professional Land Surveyors. The board shall consist of seven members, five of whom shall be registered land surveyors primarily engaged in the practice of land surveying and

1228

F.S. 1983 LAND SURVEYING Ch. 472

two of whom shall be lay persons who are not and have never been land surveyors or members of any closely related profession or occupation.

(2) Initially, the Governor shall appoint two members for terms of 4 years, two members for terms of 3 years, and one member for a term of 2 years. Thereafter, members shall be appointed for 4-year terms.

History.- ss. 22, 42, ch. 79-243; ss. 2, 3, ch. 81-318; ss. 15, 44, ch. 82-179; s. 49, ch. 83-329.

'Note.-Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1989, pursuant to s. 44 , ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

1472.009 Board headquarters.-The headquarters of the board shall be in Tallahassee.

History.- ss. 22, 42, ch. 79-243; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1989, by s. 2, ch. 81 -318, and scheduled


1472.011 Fees.-The board, by rule, may establish fees to be paid for applications, examination, reexamination, licensing and renewal, reinstatement, and recordmaking and recordkeeping. The fee for initial application and examination shall not exceed $150. The fee for application for licensure by endorsement shall not exceed $100. The biennial renewal fee shall not exceed $150. The board may also establish, by rule, a late renewal penalty. The fee for a temporary registration or certificate to practice land surveying shall not exceed $25 for individuals or $50 for business firms. The board shall establish fees which are adequate to ensure the continued operation of the board. Fees shall be based on department estimates of the revenue required to implement ss. 472.001-472.039 and the provisions of law with respect to the regulation of land surveyors.

History.- ss. 23, 42, ch. 79-243; ss. 2, 3, ch. 81-318; ss. 16, 44, ch. 82-179. 'Note.- Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled

for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1989, pursuant to s. 44, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

1472.013 Examinations, prerequisites.-(!) A person desiring to be licensed as a land sur

veyor shall apply to the department for licensure. (2) An applicant shall be entitled to take the li

censure examination to practice in this state as a land surveyor if the applicant is of good moral character and has satisfied one of the following requirements:

(a) The applicant is a graduate of an approved course of study in land surveying from a college or university recognized by the board and has a specific experience record of 4 or more years as a subordinate to a professional land surveyor in the active practice of land surveying, which experience is of a nature indicating that the applicant was in responsible charge of the accuracy and correctness of the land surveying work performed. The course of study in land surveying shall have included not less than 32 semester hours of study, or its academic equivalent, in the science of land surveying or in board-approved, land-survey-related courses. Work experience acquired as a part of the education requirement shall not be construed as experience in responsible charge.

(b) The applicant is a graduate of a 4-year course of study, other than in land surveying, at an accredited college or university and has a specific experience

record of 6 or more years as a subordinate to a registered land surveyor in the active practice of land surveying, 5 years of which shall be of a nature indicating that the applicant was in responsible charge of the accuracy and correctness of the land surveying work performed. The course of study in disciplines other than land surveying shall have included not less than 32 semester hours of study or its academic equivalent, 25 semester hours of which shall be in land surveying subjects or in any combination of courses in civil engineering, land surveying, mathematics, photogrammetry, forestry, or land law and the physical sciences. Work experience acquired as a part of the education requirement shall not be construed as experience in responsible charge.

(c) The applicant has successfully completed a 32-semester-hour, or its academic equivalent, course of study in land surveying or in board-approved, land-survey-related courses at an accredited college or university and has a specific experience record of 6 or more years as a subordinate to a registered land surveyor, 5 years of which shall be in the active practice of land surveying of a nature indicating that the applicant was in responsible charge of the accuracy and correctness of the land surveying work performed. Work experience acquired as a part of the education requirement shall not be construed as experience in responsible charge.

(d) The applicant has successfully completed a high school education and has a specific experience record of 8 or more years as a subordinate to a land surveyor, 6 years of which shall be in the active practice of land surveying of a nature indicating that the applicant was in responsible charge of the accuracy and correctness of the land surveying work performed.

(e) The applicant has successfully completed a specific experience record of not less than 10 years of active duty service in the military service of the United States with a Military Occupational Specialty classification of 82 and a minimum skill level of 40, or its current equivalent military designation, 7 years of which experience shall be in the active practice of land surveying of a nature indicating that the applicant was in responsible charge of the accuracy and correctness of the land surveying work performed.

(3) A person shall be entitled to take an examination for the purpose of determining whether he is qualified to practice in this state as a land surveyor intern if the person is in the final year, or is a graduate, of an approved land surveying curriculum in a school which has been approved by the board.

(4) The board shall adopt rules providing for the review and approval of schools 'and colleges, including military schools and training and apprenticeship programs operated by the United States Government, and the courses of study in land surveying in such schools, colleges, and programs. The rules shall be based on the educational requirements for land surveying as defined in s. 472.005. The board may adopt rules providing for the acceptance of the approval and accreditation of schools and courses of study by a nationally accepted accreditation organization.

(5)(a) Good moral character means a personal

1229


history of honesty, fairness, and respect for the rights of others and for laws of this state and nation.

(b) The board may refuse to certify an applicant for failure to satisfy this requirement only if:

1. There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a registered land surveyor; and


(c) When an applicant is found to be unqualified for a license because of a lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board, 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.

His tory.-ss. 24, 42, ch. 79·243; ss. 2, 3, ch. 81·318; s. 50, ch. 83·329. 'Note.- Repealed effective October I , 1989, by s. 2, ch. 81·318, and scheduled

for review pursuant to s. 11.61 in advance of that date. 2Note.-The word "and" was substituted for "or" by the editors.

'472.015 Licensure.-(!) The department shall license any applicant

who the board certifies is qualified to practice land surveying.

(2) The board shall certify for licensure any applicant who satisfies the requirements of s. 472.013 and who has passed the licensing examination. The board may refuse to certify any applicant who has violated any of the provisions of s. 472.031.


(a) Qualifies to take the examination as set forth in s. 472.013, who has passed a national, regional, state, or territorial licensing examination which is substantially equivalent to the examination required by s. 472.013, and who has satisfied the experience requirements set forth in s. 472.013; or

(b) Holds a valid license to practice land surveying issued by another state or territory of the United States if the criteria for issuance of such license were substantially identical to the licensure criteria which existed in Florida at the time the license was issued.

(4) The department shall not issue a license by endorsement to any applicant who is under investigation in another state for any act which would constitute a violation of ss. 472.001-472.039 or chapter 455 until such time as the investigation is complete and disciplinary proceedings have been terminated.

History.-ss. 25, 42, ch. 79·243; ss. 2, 3, ch. 81·318. ' Note.-Repealed effective October 1, 1989, by s. 2, ch. 81·318, and scheduled

fo r review pursuant to s. 11.61 in advance of that date.

'472.017 Renewal of license.-( I) The department shall renew a license upon

receipt of the renewal application and fee and, if a demonstration of competency is required by law or rule, upon certification by the board that the licensee has satisfactorily demonstrated his competence in land surveying.


(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. 472.019.


History.-ss. 26, 42, ch. 79·243; ss. 2, 3, ch. 81·318. 'Note.- Repealed effective October 1, 1989, by s. 2, ch. 81·318, and scheduled


'472.019 Inactive status.-2(1) A license which has become inactive may be

reactivated pursuant to s. 472.017 upon application to the department. The board shall prescribe by rule continuing education requirements for reactivating a license. The continuing education requirements for reactivating a license shall not exceed 12 classroom hours for each year the license was inactive. Any such license which has been inactive for more than 4 years shall automatically expire if the licensee has not made application for renewal of such license. Once a license expires, it becomes null and void without any further action by the board or department. One year prior to expiration of the license, the department shall give notice to the licensee.


History.-ss. 27, 42, ch. 79·243; s. 342, ch. 81·259; ss. 2, 3, ch. 81·318; s. 105, ch. 83·329.

'Note.- Repealed effective October 1, 1989, by s. 2, ch. 81·318, and scheduled for review pursuant to s. 11.61 in advance of that date.

' N ote.-Section 105, ch. 83·329, provides that any licensee whose license is inactive on October 1, 1983, "may retain inactive status for 4 years beginning from the date of the next biennial renewal, whereupon such inactive license shall expire, if no reactivation or renewal of the inactive license has occurred."

'472.021 Certification of partnerships and corporations.-

(!) The practice of or the offer to practice land surveying by registrants through a corporation or partnership offering land surveying services to the public, or by a corporation or partnership offering said services to the public through registrants under ss. 472.001-472.039 as agents, employees, officers, or partners, is permitted subject to the provisions of ss. 472.001-472.039, provided that 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 land surveyors in this state are registered as provided by ss. 472.001-472.039, and, further , provided that the corporation or partnership has been issued a certificate of authorization by the board as provided in this section. All final drawings, specifications, plans, reports, or other papers or documents involving the practice of land surveying 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 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 land surveying shall be held by a corporation. No corporation or partnership shall be relieved of responsibility

1230

F.S. 1983 LAND SURVEYING Ch. 472

for the conduct or acts of its agents, employees, or officers by reason of its compliance with this section, nor shall any individual practicing land surveying be relieved of responsibility for professional 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 a corporation, partnership, association, or person practicing under a fictitious name, offering land surveying services to the public; except, however, when an individual is practicing land surveying in his own given name, he shall not be required to register under this section.

(3) The fact that any registered land surveyor practices through a corporation or partnership shall not relieve the registrant from personal liability for negligence, misconduct, or wrongful acts committed by him. Corporations and stockholders who are land surveyors, or partnerships, and all partners, shall be jointly and severally liable for the negligence, misconduct or wrongful acts committed by their agents, employees, officers, or partners while acting in a professional capacity.

(4) Persons seeking to incorporate under the provisions of this section shall 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 manner and on the same grounds as disciplinary action against a registered land surveyor.

History.-ss. 28, 42, ch. 79-243; s. 343, ch. 81-259; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled


'472.023 Land surveyors and firms of other states; temporary certificates to practice in this state.-

(1) Upon approval by the board and payment of a fee not to exceed $25, the department shall grant a temporary certificate for work on one specified project in this state and for a period not to exceed 1 year to a land surveyor holding a certificate to practice in another state, provided that Florida registrants are similarly permitted to engage in work in such state.

(2) Upon approval by the board and payment of a fee not to exceed $50, the department shall grant a temporary certificate of authorization for work on one specified project in this state for a period not to exceed 1 year to an out-of-state corporation, partnership, or firm, provided one of the principal officers of the corporation, one of the partners of the partnership, or one of the principals in the fictitiously named firm has obtained a temporary certificate of registration in accordance with subsection (1).

(3) The application for a temporary license shall constitute appointment of the Department of State as an agent of the applicant for service of process in any action or proceeding against the applicant arising out of any transaction or operation connected with or

incidental to the practice of land surveying for which the temporary license was issued.



'472.025 Seals.-(1) The board shall prescribe, by rule, a form of

seal to be used by all registrants holding valid certificates of registration, whether the registrants are corporations, partnerships, or individuals. Each registrant shall obtain an impression-type metal seal in that form; and all final drawings, plans, specifications, plats, or reports prepared or issued by the registrant in accordance with minimum technical standards set by the board shall be signed by the registrant, dated, and stamped with his seal. This signature, date, and seal shall be evidence of the authenticity of that to which they are affixed. It is unlawful for any person to stamp or seal any document with a seal after his certificate of registration has expired or been revoked or suspended unless reinstated or reissued.

(2) When the certificate of registration of a registrant has been revoked or suspended by the board, the registrant shall surrender his seal to the secretary of the board within a period of 30 days after the revocation or suspension has become effective. In the event the registrant's certificate has been suspended for a period of time, his seal shall be returned to him upon expiration of the suspension period.

(3) No registrant shall affix or permit to be affixed his seal or name to any plan, specification, drawing, or other document which depicts work which he is not licensed to perform or which is beyond his profession or specialty therein.

History.-ss. 31, 42, ch. 79-243; ss. 2, 3, ch. 81-318; ss. 17, 44, ch. 82-179. 'Note.-Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled

for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1989, pursuant to s. 44, ch. 82·179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'472.027 Minimum technical standards for land surveying.-The board shall adopt rules relating to the practice of land surveying which establish minimum technical standards to assure the achievement of no less than minimum degrees of accuracy, completeness, and quality in order to assure adequate and defensible real property boundary locations and other pertinent information provided by land surveyors under the authority of ss. 4 72.001-472.039.

History.-ss. 36, 42, ch. 79-243; s. 344, ch. 81-259; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1989, by s. 2, ch. 81-318, and scheduled


'4 72.029 Land surveyors authorized to enter lands of third parties under certain conditions. -Land surveyors may go on, over, and upon the lands of others when necessary to make land surveys, and, in so doing, to carry with them their agents and employees necessary for that purpose. Entry under the right hereby granted shall not constitute trespass, and land surveyors and their duly authorized agents or employees so entering shall not be liable to arrest or a civil action by reason of such entry; however, nothing in this section shall be construed as giving authority to registrants, agents, or employees to destroy, injure, damage, or move anything on lands of

1231


another without the written permission of the land-owner.

History.-ss. 37, 42, ch. 79-243; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October I , 1989, by s. 2, ch. 81-318, and scheduled


1472.031 Prohibitions; penalties.(1) No person shall: (a) Practice land surveying unless such person is

registered pursuant toss. 472.001-472.039; (b) Use the name or title "registered land survey

or" when such person has not registered pursuant to ss. 472.001-472.039;

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

a member thereof for the purpose of obtaining a registration; or

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

(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.

History.-ss. 33, 42, ch. 79-243; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October I, 1989, by s. 2, ch. 81-318, and scheduled


14 72.033 Disciplinary proceedings.-( I) The following acts constitute grounds for


(a) Violation of any provision of s. 472.031 or s. 455.227(1);

(b) Attempting to procure a license to practice land surveying by bribery or fraudulent misrepresentations;

(c) Having a license to practice land surveying 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, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of land surveying or the ability to practice land surveying;

(e) Making or filing a report or record which the licensee knows to be false, willfully 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 registered land surveyor;


(g) Upon proof that the licensee is guilty of fraud or deceit, or of negligence, incompetency, or misconduct, in the practice of land surveying;

(h) Failing to perform any statutory or legal obligation placed upon a licensed land surveyor; violating any provision of this chapter, a rule of the board or department, or a lawful order of the board or department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department; or

(i) Practicing on a revoked, suspended, or inactive license.

(2) The board shall specify by rule the acts or omissions which constitute a violation of subsection (1).

(3) When the board finds any land surveyor guilty of any of the grounds set forth in subsection (1), it may enter an order imposing one or more of the following penalties:


ceed $1,000 for each count or separate offense. (d) Issuance of a reprimand. (e) Placement of the land surveyor on probation

for a period of time and subject to such conditions as the board may specify.

(f) Restriction of the authorized scope of practice by the land surveyor.

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

History.-ss. 34, 42, ch. 79-243; ss. 2, 3, ch. 81-318; s. 51, ch. 83-329. 'Note.-Repealed effective October I, 1989, by s. 2, ch. 81-318, and scheduled


1472.035 Prosecution of criminal violations. -The board shall report any criminal violation of ss. 472.001 -472.039 to the proper prosecuting authority for prompt prosecution.



1472.037 Application of ss. 472.001-472.039.

(1) Nothing contained in ss. 472.001-472.039 shall be construed to repeal, amend, limit, or otherwise affect any local building code or zoning law or ordinance, now or hereafter enacted, which is more restrictive with respect to the services of registered land surveyors than the provisions of ss. 4 72.001-4 72.039.

(2) In counties or municipalities which issue building permits, such permits shall not be issued in any case where it is apparent from the application for such building permit that the provisions of ss. 472.001-472.039 have been violated. However, this shall not authorize the withholding of building permits in any cases within the exempt classes set forth in ss. 472.001-472.039.



1 472.039 Registrations remain in force. -Registrations of land surveyors in effect on June 30, 1979, shall remain in effect under ss. 472.001-472.039.



1232

F.S. 1983 PUBLIC ACCOUNTANCY Ch.473

CHAPTER 473

PUBLIC ACCOUNTANCY

473.301 473.302 473.303 473.304 473.305 473.306 473.307 473.308 473.309

473.3101

473.311 473.312 473.313 473.314 473.315 473.316

473.317 473.318 473.319 473.321 473.322 473.323 473.324 473.325

Purpose. Definitions. Board of Accountancy. Rules of board. Fees. Examinations. Experience. Licensure. Partnerships and professional service cor

porations. Licensure of partnerships and corpora-

tions. Renewal of license. Periodic demonstration of competency. Inactive status. Temporary license. Independence, technical standards. Communications between the accountant

and client privileged. Competitive negotiation. Ownership of working papers. Contingent fees. Fictitious names. Prohibitions; penalties. Disciplinary proceedings. Prosecution of criminal violations. Certificates to remain in effect; public ac-

countants licensed as certified public accountants.

'473.301 Purpose.-The Legislature recognizes that there is a public need for independent and objective public accountants and that it is necessary to regulate the practice of public accounting to assure the minimum competence of practitioners and the accuracy of audit statements upon which the public relies and to protect the public from dishonest practitioners and, therefore, deems it necessary in the interest of public welfare to regulate the practice of public accountancy in this state.



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

fessional Regulation. (3) "Certified public accountant" means a person

who holds a license to practice public accounting in this state under the authority of this act.

(4) "Practice of," "practicing public accountancy," or "public accounting" means:

(a) Offering to perform or performing for the public one or more types of services involving the use of accounting skills, or one or more types of management advisory or consulting services, by a certified public accountant, or firm of certified public accountants, of this state, including the performance of such services in the employ of another person; or

(b) Offering to perform or performing for the

public one or more types of services involving the use of accounting skills, or one or more types of management advisory or consulting services, by any other person holding himself or itself out as a certified public accountant or a firm of certified public accountants, including the performance of such services by a certified public accountant in the employ of a person so holding himself or itself out.



'473.303 Board of Accountancy.-(!) There is created in the Department of Profes

sional Regulation a Board of Accountancy. The board shall consist of nine members, seven of whom shall be certified public accountants and two of whom shall be lay persons who are not and have never been certified public accountants or members of any closely related profession or occupation. The members who are certified public accountants shall have practiced public accounting on a substantially full-time basis for at least 5 years.

(2) Initially, the Governor shall appoint two members for a term of 4 years, two members for a term of 3 years, two members for a term of 2 years, and one member for a term of 1 year. Thereafter, members shall be appointed for 4-year terms.

(3) The members of the State Board of Accountancy who are serving as of June 30, 1979, shall serve as members of the Board of Accountancy until January 1, 1980, or until all members are appointed pursuant to subsection (1) and s. 20.30, whichever occurs first.

History.-ss. 3, 25, ch. 79-202; ss. 2, 3, ch. 81-318; s. 52, ch. 83-329. 'Note.- Repealed effective October 1, 1985, by s. 2, ch. 81-318, and scheduled


'473.304 Rules of board.-The board shall adopt all rules necessary to administer this act. Every licensee shall be governed and controlled by this act and the rules adopted by the board.



'473.305 Fees.-The board, by rule, may establish fees to be paid for applications, examination, reexamination, licensing and renewal, reinstatement, and recordmaking and recordkeeping. The fee for initial application and examination shall not exceed $150. The biennial renewal fee shall not exceed $150. The board may also establish, by rule, a late renewal penalty. The board shall establish fees which are adequate to ensure the continued operation of the board and to fund the proportionate expenses incurred by the department which are allocated to the regulation of public accountants. Fees shall be based on department estimates of the revenue required to implement this act and the provisions of law with respect to the regulation of certified public accountants.

History.-ss. 4, 25, ch. 79-202; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1,1985, by s. 2, ch. 81-318, and scheduled


1233

Ch.473 PUBLIC ACCOUNTANCY F.S. 1983

'473.306 Examinations.-(!) A person desiring to be licensed as a certified

public accountant shall apply to the department for licensure.

(2) An applicant shall be entitled to take the licensure examination to practice in this state as a certified public accountant if the applicant:

(a) Is of good moral character; and (b) Has met the following educational require

ments from an accredited college or university: 1. If application is made prior to August 2, 1983,

a baccalaureate degree with a major in accounting or its equivalent with a concentration in accounting and business to the extent specified by the board.

2. If application is made after August 1, 1983, a baccalaureate degree or its equivalent with a major in accounting or its equivalent plus at least 30 semester or 45 quarter hours in excess of those required for a 4-year baccalaureate degree, with a concentration in accounting and business in the total educational program to the extent specified by the board.

(3) The board shall have the authority to establish the standards for determining and shall determine:

(a) Which educational institutions, in addition to the universities in the State University System of Florida, shall be deemed to be accredited colleges or universities;

(b) What courses and number of hours constitute a major in accounting;

(c) What courses and number of hours constitute additional accounting courses acceptable under subparagraph (2)(b)2.; and

(d) What courses and number of hours constitute an additional 1 year of accounting courses, acceptable in lieu of 1 year of employment, under s. 473.307(2).

(4)(a) Good moral character 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 board may refuse to certify an applicant for failure to satisfy this requirement only if:

1. There is a substantial connection between the lack of good moral character of the applicant and the professional responsibilities of a certified public accountant; and


(c) When an applicant is found to be unqualified for a license because of a lack of good moral character, the board shall furnish the applicant a statement containing the findings of the board, 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.



1473.307 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 1 year un-

der the supervision of a certified public accountant who is licensed in this state or in another state or territory of the United States and who is engaged in the full-time private practice of public accounting; or

(2) Has been employed for at least 1 year as an auditor or accountant, 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 limited 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.

History.-ss. 6, 25, ch. 79-202; ss. 13, 15, 25, 30, 31, 34, 62, ch. 80-406; ss. 16, 18, ch. 8! -302; ss. 2, 3, ch. 81-318; s. 3, ch. 83-265.

'Note.- Repealed effective October 1, 1985, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date.

' 473.308 Licensure.-(1) The department shall license any applicant

who the board certifies is qualified to practice public accounting.

(2) The board shall certify for licensure any applicant who satisfies the requirements of ss. 473.306 and 473.307 or ss. 473.309 and 473.3101. The board may refuse to certify any applicant who has violated any of the provisions of s. 473.322.


(a) Qualifies to take the examination as set forth in s. 473.306, who has passed a national, regional, state, or territorial licensing examination which is substantially equivalent to the examination required by s. 473.306, and who has satisfied the experience requirements set forth ins. 473.307; or

(b) Holds a valid license to practice public accounting issued by another state or territory of the United States, if the criteria for issuance of such license were substantially equivalent to the licensure criteria which existed in this state at the time the license was issued.

(4) The board may refuse to certify for licensure any applicant who is under investigation in another state for any act which would constitute a violation of this act or chapter 455, until such time as the investigation is complete and disciplinary proceedings have been terminated.

History.-ss. 7, 25, ch. 79-202; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October I , 1985, by s. 2, ch. 81-318, and scheduled


'473.309 Partnerships and professional service corporations.-

(!) A partnership shall not engage in the practice of public accounting in this state unless it meets the following requirements:

(a) At least one general partner and each partner domiciled in this state is a certified public accountant of this state and holds an active license;

1234


(b) Each partner is a certified public accountant in some state; and

(c) The partnership is currently licensed as required by this act.

(2) A corporation shall not engage in the practice of public accounting in this state unless it meets the following requirements:

(a) It is a professional service corporation duly organized in this or any other state;

(b) Each shareholder of the corporation is licensed as a certified public accountant in some state and is principally engaged in the business of the corporation;

(c) The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation is a certified public accountant in some state;

(d) At least one shareholder of the corporation, and each shareholder, director, and officer domiciled in this state having authority over the practice of public accounting by the corporation, is a certified public accountant;

(e) It is in compliance with rules adopted by the board pertaining to minimum capitalization and adequate public liability insurance; and

(f) It is currently licensed as required by this act. History.- ss. 8, 25, ch. 79-202; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1985, by s. 2, ch. 81-318, and scheduled


'473.3101 Licensure of partnerships and corporations.-

(1) Each partnership or corporation desiring to engage in the practice of public accounting in this state shall file an application for licensure with the department and supply such information as the board may, by rule, require. Applications shall be made upon the affidavit of a general partner or shareholder who is a certified public accountant.

(2) The board shall determine whether the partnership or corporation meets the requirements for practice and, pending that determination, may certify to the department the partnership or corporation for provisional licensure.

(3) Each license shall be renewed every 2 years. Each partnership or corporation licensed under this section shall notify the department within 1 month of any change in the information contained in the application on which the license is based.




receipt of the renewal application and fee and upon certification by the board that the licensee has satisfactorily demonstrated his competence in public accounting.


(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 ins. 473.313.


History.- ss. 11 , 25, ch. 79-202; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1985, by s. 2, ch. 81 -318, and scheduled


'473.312 Periodic demonstration of competency.-As part of the license renewal procedure, the board shall, by rule, require licensees to periodically demonstrate their competence in public accounting by completing, each 2 years, not less than 48 or more than 80 classroom hours of continuing professional education programs in public accounting subjects approved by the board.

(1) Not less than 25 percent of the total hours required by the board shall be in accounting-related and auditing-related subjects, as distinguished from federal and local taxation matters and management services.

(2) Programs of continuing professional education approved by the board shall be formal programs of learning which contribute directly to the professional competency of an individual following licensure to practice public accounting and may be any of the following:

(a) Professional development programs of the American Institute of Certified Public Accountants, state societies of certified public accountants, or other organizations.

(b) Technical sessions at meetings of the American Institute of Certified Public Accountants, state societies, chapters, or other organizations.

(c) University and college courses. (d) Formal organized in-firm education pro

grams. History.- ss. 10, 25, ch. 79-202; s. 345, ch. 81-259; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1985, by s. 2, ch. 81-318, and scheduled


'473.313 Inactive status.-(1) A licensee may request that his license be

placed in an inactive status by making application to the department. The board may prescribe by rule a fee for inactive status and a fee for renewal of inactive status.

' (2) A license which has become inactive may be reactivated pursuant to s. 473.311 upon application to the department. The board may prescribe by rule continuing education requirements as a condition of reactivating a license. The minimum continuing education requirements for reactivating a license shall be those of the most recent biennium plus one-half of the requirements in s. 473.312 for each year or part thereof during which the license was inactive. Any license which has been inactive for more than 4 years shall automatically expire if the licensee has not made application for renewal of such license, unless the licensee is exempted pursuant to the provisions of this subsection. One year prior to expiration of the license, the department shall give notice to the licensee. The board shall by rule extend the 4-year period during which a license may be inactive for any licensee who is permanently retired or in active military service. The term "permanently retired" means per-

1235


manently retired from the practice of public accounting. A licensee who has elected permanent retirement and subsequently applies to renew his license shall be determined not to have been permanently retired, and any extension of his inactive status beyond its first 4 years shall be invalid. The requirements for the reactivation of a permanently retired license are, therefore, the same as any other inactive license.

(3) The board may extend the 4-year period during which a license may be inactive for a licensee who has made a good faith effort to comply with this section and for a licensee who fails to comply because of illness or unusual hardship.

History.-ss. 12, 25, ch. 79-202; s. 346, ch. 81-259; ss. 17, 18, ch. 81-302; ss. 2, 3, ch. 81-318; s. 3, ch. 83-265; s. 53, ch. 83-329.


'Note.-Section 53, ch. 83-329, provides that any licensee whose license is inactive on October 1, 1983, "may retain inactive status for 4 years from that date, whereupon such inactive license shall expi re if no action is taken on the part of the licensee . .,

'473.314 Temporary license.-(1) The board shall adopt rules providing for the

issuance of temporary licenses to certified public accountants or firms of other states, for the purpose of enabling them or their employees to perform specific engagements involving the practice of public accountancy in this state. No temporary license shall be valid for more than 90 days after its issuance, and nolicense shall cover more than one engagement. After the expiration of 90 days, a new license shall be required.

(2) Each application for a temporary license shall state the names of all persons who are to enter this state and shall be accompanied by a fee in an amount established by the board not to exceed $200.

(3) A temporary license shall not be required of a person entering this state solely for the purpose of preparing federal tax returns or advising as to federal tax matters.

(4) Upon certification of the applicant by the board, the department shall issue a temporary license to the applicant.

(5) The application for a temporary license shall constitute the appointment of the Department of State as an agent of the applicant for service of process in any action or proceeding against the applicant arising out of any transaction or operation connected with, or incidental to, the practice of public accounting for which the temporary license was issued.

History.--ss. 13, 25, ch. 79-202; s. 347, ch. 81-259; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1985, by s. 2, ch. 81-318, and scheduled


'473.315 Independence, technical standards.

(1) A certified public accountant shall not express an opinion on the financial statements of an enterprise unless he and his firm are independent with respect to such enterprise.

(2) A certified public accountant shall not undertake any engagement in the practice of public accounting which he or his firm cannot reasonably expect to complete with professional competence.

(3) The board shall adopt rules establishing the standards of practice of public accounting, including, but not limited to, independence, competence, and technical standards. ·



'473.316 Communications between the accountant and client privileged.-

(!) For purposes of this section: (a) An "accountant" is a certified public accoun

tant. (b) A "client" is any person, public officer, corpo

ration, association, or other organization or entity, either public or private, who consults an accountant with the purpose of obtaining accounting services.

(c) A communication between an accountant and his client is "confidential" if it is not intended to be disclosed to third persons other than:

1. Those to whom disclosure is in furtherance of the rendition of accounting services to the client.

2. Those reasonably necessary for the transmission of the communication.

(2) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications with an accountant when such other person learned of the communications because they were made in the rendition of accounting services to the client. This privilege includes other confidential information obtained by the accountant from the client for the purpose of rendering accounting advice.

(3) The privilege may be claimed by: (a) The client. (b) A guardian or conservator of the client. (c) The personal representative of a deceased cli

ent. (d) A successor, assignee, trustee in dissolution,

or any similar representative of an organization, corporation, or association or other entity, either public or private, whether or not in existence.

(e) The accountant, but only on behalf of the client. The accountant's authority to claim the privilege is presumed in the absence of contrary evidence.

(4) There is no accountant-client privilege under this section when:

(a) The services of the accountant were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or should have known was a crime or fraud.

(b) A communication is relevant to an issue of breach of duty by the accountant to his client or by the client to his accountant.

(c) A communication is relevant to a matter of common interest between two or more clients, if the communication was made by any of them to an accountant retained or consulted in common when offered in a civil action between the clients.

(5) Communications are not privileged from disclosure in any disciplinary investigation or proceeding conducted pursuant to this act by the department or before the board or in any judicial review of such a proceeding. In any such proceeding, a certified public accountant or public accountant, without the consent of his client, may testify with respect to any communication between him and his client or be compelled, pursuant to a subpoena of the department or the board, to testify or produce records, books, or papers. Such a communication disclosed to the board and records of the board relating to the communication shall for all other purposes and proceedings be a privileged communication in all of the courts of this state. - ·



1236


'473.317 Competitive negotiation.-(!) A licensee shall not make a competitive bid

for a professional enga~ement in which the licensee will attest as an expert m accountancy to the reliability or fairness of presentation of financial information or utilize any form of disclaimer of opinion which is intended or conventionally understood to convey an assurance of reliability as to matters not specifically disclaimed.

(2) As used in t his section, "competitive bid" means the submission of an offer to a prospective client, as distinguished from an existing client, or representative thereof, by a licensee, either orally or in writing, directly or indirectly, as either a prime contractor, a subcontractor, or a subcontractor using a prime contractor as a conduit, to perform a professional engagement for an estimated fee, a fixed fee, or a basis of fee when the surrounding facts and circumstances indicate that another licensee will be asked to make an offer, has been asked to make an offer, or has made an offer which has not been rejected to perform the same professional engagement for an estimated fee , a fixed fee, or basis of fee as defined in this section. The performance of an engagement for a specific purpose, which engagement by its nature is not expected to recur, does not create an "existing client" relationship.

(3) The term "subcontractor" as used in this section means a subcontractor whose actions, together with the surrounding facts and circumstances, are in such a manner as to make him a party to a competitive bid or bids, either with respect to a specific engagement or as a result of a series of engagements with the same prime contractor, without regard to whether a subcontract is entered into before or after the bid.

(4) A licensee may respond to any request from a person or entity for a proposal giving qualifications and other factual information, excluding any quotation as to basis of fee.

(5)(a) If a licensee's proposal in subsection (4) is the only proposal received or accepted by a person or entity, the licensee may negotiate a basis of fee for that engagement. If a person or entity receives more than one proposal for the same engagement, the person or entity may rank, in order of preference, the licensee to perform the engagement. The licensee ranked first may then negotiate a contract with the person or entity giving, among other things, a basis of fee for that engagement. Should the person or entity be unable to negotiate a satisfactory contract with that licensee, negotiations with that licensee shall be formally terminated, and the person or entity shall then undertake negotiations with the second-ranked licensee. Failing accord with the second-ranked licensee, negotiations shall be terminated and undertaken with the third-ranked licensee. Negotiations with the other ranked licensees shall be undertaken in the same manner. Once negotiations have been undertaken with a subsequent licensee, a licensee shall not contract with the requesting person or entity for the same engagement.

(b) The governing body of a municipality, in negotiating with licensees with respect to an audit engagement, may reopen formal negotiation with any one of the three top-ranked firms.



'473.318 Ownership of working papers.-All statements, records, schedules, working papers, and memoranda made by a licensee or his employee incident to, or in the course of, professional services to a client, except the reports submitted by the licensee to the client and except for records which are part of the client's records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary.

His tory.- ss. 17 , 25, ch. 79-202; ss. 2, 3, ch. 81 -318. 'Note.- Repealed effect ive October 1, 1985, by s. 2, ch. 81-318, and scheduled


'473.319 Contingent fees.-Public accounting services shall not be offered or rendered for a fee contingent upon the findings or results of such service. This section does not apply to services involving federal, state, or other taxes in which the findings are those of the tax authorities and not those of the licensee. Fees to be fixed by courts or other public authorities, which are of an indeterminate amount at the time a public accounting service is undertaken, shall not be regarded as contingent fees for purposes of this section.



'473.321 Fictitious names.-(1) No certified public accountant, partnership,

or corporation shall practice public accountancy in this state under any name which is misleading or deceptive as to the legal form; as to persons who are partners, officers, or shareholders of the firm; or as to any other matter. However, a firm name may include the names of retired or deceased persons who were such active partners or shareholders of a firm.

(2) This section shall not prohibit any licensee from practicing public accounting under a fictitious name which is not misleading or deceptive as to the persons who are partners, officers, or shareholders.

(3) The board shall adopt rules for interpretation of this section.


for review pursuant to s. 11.61 in advance of that date .

'473.322 Prohibitions; penalties.(!) No person shall knowingly: (a) Practice public accounting unless the person

is a certified public accountant or a public accountant;

(b) Assume or use the titles or designations "certified public accountant" or "public accountant" or the abbreviation "C.P.A." or any other title, designation, words, letters, abbreviations, sign, card, or device tending to indicate that such person holds an active license under this act, unless such person holds an active license under this act;

(c) Attest as an expert in accountancy to the reliability or fairness of presentation of financial information or utilize any form of disclaimer of opinion which is intended or conventionally understood to convey an assurance of reliability as to matters not specifically disclaimed unless such person holds an active license under this act. This subsection shall not prevent the performance by persons other than certified public accountants of other services involv-

1237


ing the use of accounting skills, including the preparation of tax returns and the preparation of financial statements without expression of opinion thereon.

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

member thereof for the purpose of obtaining a license;

(f) Use or attempt to use a public accounting license which has been suspended, revoked, or placed on inactive status;

(g) Employ unlicensed persons to practice public accounting; 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.





(a) Violation of any provision of s. 473.317, s. 455.227(1), or any other provision of this act;

(b) Attempting to procure a license to practice public accounting by bribery or fraudulent misrepresentations;

(c) Having a license to practice public accounting 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, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of public accounting or the ability to practice public accounting;

(e) Making or filing a report or record which the licensee knows to be false, willfully 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 certified public accountant;


(g) Upon proof that the licensee is guilty of fraud or deceit, or of negligence, incompetency, or misconduct, in the practice of public accounting;

(h) Violation of any rule adopted pursuant to this act or chapter 455;

(i) Practicing on a revoked, suspended, or inactive license;

U) Suspension or revocation of the right to practice before any state or federal agency;

(k) Performance of any fraudulent act while holding a license to practice public accounting; or

(l) Engaging in direct, in person, uninvited solicitation of a specific potential client, except to the extent that such solicitation constitutes the exercise of constitutionally protected speech as determined by the rules of the board.

(2) The board shall specify, by rule, what acts or omissions constitute a violation of subsection (1).

(3) When the board finds any 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:




(f) Restriction of the authorized scope of practice by the certified public accountant.




'473.324 Prosecution of criminal violations. -The board shall report any criminal violation of this act to the proper prosecuting authority for prompt prosecution.



'473.325 Certificates to remain in effect; public accountants licensed as certified public accountants.-All certificates issued by the State Board of Accountancy in effect on June 30, 1979, shall remain in effect under this act. Public accountants licensed as such by the State Board of Accountancy on June 30, 1979, shall be licensed by the department as certified public accountants.



1238

F.S. 1983 VETERINARY MEDICAL PRACTICE Ch.474

CHAPTER 474

VETERINARY MEDICAL PRACTICE

474.201 474.202 474.203 474.204 474.205 474.206 474.207 474.211 474.212 474.213 474.214 474.215 474.216

474.2165 474.217 474.218 474.219

Purpose. Definitions. Exemptions. Board of Veterinary Medicine. Headquarters. Authority to make rules. Licensure by examination. Renewal of license. Inactive status. Prohibitions; penalties. Disciplinary proceedings. Premises permits. License and premises permit to be dis-

played. Veterinary medical records. Reciprocity. Prosecution of criminal violations. Saving clauses.

1474.201 Purpose.-The Legislature finds that the practice of veterinary medicine is potentially dangerous to the public health and safety if conducted by incompetent and unlicensed practitioners. The legislative purpose in enacting this chapter is to ensure that every veterinarian practicing in this state meet minimum requirements for safe practice. It is the legislative intent that veterinarians who are not normally competent or who otherwise present a danger to the public shall be disciplined or prohibited from practicing in this state.



1474.202 Definitions.-As used in this chapter: (1) "Board" means the Board of Veterinary Medi

cine. (2) "Department" means the Department of Pro

fessional Regulation. (3) "Veterinarian" means a person who is licensed

to engage in the practice of veterinary medicine in Florida under the authority of this chapter.

(4) "Practice of veterinary medicine" means diagnosing, prescribing, or administering drugs, medicine, appliances, applications, or treatment of whatever nature, including surgery or acupuncture, for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals; performing any manual procedure for the diagnosis or treatment for sterility or infertility of animals; or representing oneself by the use of titles or words, or undertaking, offering, or holding oneself out, as performing any of these functions.

(5) "Responsible supervision" or words of similar purport mean the control, direction, and regulation by a licensed doctor of veterinary medicine of the duties involving veterinary services which he delegates to unlicensed personnel.

History.-ss. 1, 2, ch. 79-228; ss. 2, 3, ch. 81 -318. 'Note.-Repealed effective October 1, 1985, by s. 2, ch. 81-318, and scheduled


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(2)(b) or in its main teaching hospital. Such certificate shall automatically expire when the holder's relationship with the college of veterinary medicine is terminated.

(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 of a licensee.

(3) Any doctor of veterinary medicine in the employ of a state agency or the United States Government while actually engaged 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 development 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 s~ch acts performed by persons under his superviswn.

History.-ss. 1, 2, ch. 79-228; ss. 13, 15, 25, 30, 32, 34, 62, ch. 80-406; ss. 20, 21, ch. 81-302; ss. 2, 3, ch. 81 -318; s. 3, ch. 83-265.


1474.204 Board of Veterinary Medicine.(1) To carry out the provisions of this chapter,

there is created within the Department of Professional Regulation a Board of Veterinary Medicine con-

1239

Ch.474 VETERINARY MEDICAL PRACTICE F.S. 1983

sisting of seven members, who shall be appointed by the Governor, subject to confirmation by the Senate.

(2) Five members of the board shall be licensed veterinarians. Two members of the board shall be lay persons who are not and have never been veterinarians or members of any closely related profession or occupation.

(3) Within 30 days after June 30, 1979, the Governor shall appoint two members for a term of 4 years, two members for a term of 3 years, and three members for a term of 2 years.

(4) 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. The members of the board serving on July 1, 1979, shall continue to serve as members of the Board of Veterinary Medicine until their successors are appointed.

(5) All provisions of chapter 455 relating to activities of regulatory boards shall apply.

History.-ss. 1. 2, ch. 79-228; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October I , 1985, by s. 2, ch. 81-318, and scheduled


'474.205 Headquarters.-The board shall maintain its official headquarters in the City of Tallahassee.

History.-ss. I, 2, ch. 79-228; ss. 2, 3. ch. 81-318. 'Note.-Repealed effective October 1. 1985, by s. 2, ch. 81-318, and scheduled


'474.206 Authority to make rules.-The board is authorized to make 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.-ss. I , 2, ch. 79-228; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October I, 1985, by s. 2, ch. 81-318, and scheduled


'4 7 4.207 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.

(2) The department shall license 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 if it develops by rule a procedure for reviewing such schools in order to ensure that graduates of such schools are minimally competent to practice in this state.

(c) Successfully completed the examination in accordance with this section.

However, no applicant who is the subject of a pending investigation or prosecution or has been convicted of any offense relating to the practice of veterinary medicine shall be certified for licensure.

(3) An unlicensed doctor of veterinary medicine who has graduated from an accredited college or school of veterinary medicine and has completed all parts of the examination for licensure shall be permitted, while awaiting the results of such examination for licensure, to practice under the immediate supervision of a licensed veterinarian.

History.-ss. I, 2, ch. 79-228; ss. 13, 15, 25, 30, 33, 34, 62, ch. 80-406; ss. 19, 21, ch. 81-302; ss. 2, 3, ch. 81-318; s. 3, ch. 83-265; s. 54, ch. 83-329.

'Note.- Repealed effective October I, 1985, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date.




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 ins. 474.212.


(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; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1985, by s. 2, ch. 81-318, and scheduled


'474.212 Inactive status.-2(1) A license which has become inactive may be

reactivated pursuant to s. 474.211 upon application to the department. The board shall prescribe by rule continuing education requirements as a condition for reactivating a license. The continuing education requirements for reactivating a license shall not exceed 12 classroom hours for each year the license was inactive. Any such license which has been inactive for more than 4 years shall automatically expire if the licensee has not made application for renewal of such license. Once a license expires, it becomes null and void without any further action by the board or department. One year prior to expiration of the license, the department shall give notice to the licensee.


History.-ss. I, 2, ch. 79-228; s. 348, ch. 81-259; ss. 2, 3, ch. 81-318; s. 106, ch. 83-329.


2Note.-Section 106, ch. 83-329, provides that any licensee whose license is inactive on October 1, 1983, '"may retain inactive status for 4 years beginning from the date of the next biennial renewal, whereupon such inactive license shall expire, if no reactivation or renewal of the inactive license has occurred."

1240

F.S. 1983 VETERINARY MEDICAL PRACTICE Ch.474

'474.213 Prohibitions; penalties.(!) No person shall: (a) Practice veterinary medicine unless the per

son holds an active license to practice veterinary medicine;

(b) Use the name or title "veterinarian" when the person has not been licensed pursuant to this chapter

(~) 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 veterinarian's license which has been suspended or revoked;

(f) Knowingly employ unlicensed persons in the practice of veterinary medicine; or

(g) Knowingly conceal information relative to violations of this chapter.

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

History.-ss. I, 2, ch. 79-228; ss. 2, 3, ch. 8!-318. 'Note.- Repealed effective October I , 1985, by s. 2, ch. 81-318, and scheduled


'474.214 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, regardless of adjudication, of a crime in any jurisdiction which directly relates 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.


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

(h) Practicing with a revoked, suspended, or inactive 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.

U) 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 competency 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 another provider of veterinary services or goods.

(n) Performing or prescribing unnecessary or unauthorized treatment.

(o) Fraud in the collection of fees 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 veteri

narian'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.

1241

Ch.474 VETERINARY MEDICAL PRACTICE F.S.1983

(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 subsection (1), it may enter an order imposing one or more of the following penalties:


ceed $1,000 for each count or separate 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; s. 349, ch. 81-259; ss. 2, 3, ch. 81-318.


'474.215 Premises permits.-(1) Any establishment where a licensed veterinar

ian 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) Each application for a premises permit shall set forth the name of the licensed veterinarian who will be responsible for the management of the premises.

(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.

(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.

History.-ss. 1, 2, ch. 79-228; ss. 13, 15, 25, 30, 34, 36, 62, ch. 80-406; s. 350, ch. 81-259; ss. 2, 3, ch. 81-318.


'474.216 License and premises permit to be displayed.-Each person to whom a license or premises permit is issued shall keep such license conspicuously displayed in his office, place of business, or place of employment and shall, whenever required, exhibit said license to any member or authorized representative of the board.



'474.2165 Veterinary medical records. -Each person who provides veterinary medical services shall maintain medical records, as established by rule.

History .-ss. 13, 15, 25, 30, 34, 37, 62, ch. 80-406; s. 2, ch. 81-318. 'Note.- Repealed effective October 1, 1985, by s. 2, ch. 81-318, and scheduled


'474.217 Reciprocity.-ln order to ensure that veterinarians licensed in this state may be considered for licensure in other states, the board may enter into reciprocity agreements with other states.



'474.218 Prosecution of criminal violations. -The department shall report any criminal violation of this act to the proper prosecuting authority for prompt prosecution.



'474.219 Saving clauses.-(!) No judicial or administrative proceeding

pending on July 1, 1979, shall be abated as a result of the repeal and reenactment of chapter 474.

(2) All licenses or permits valid on the effective date of this act shall remain in full force and effect. Henceforth, all licenses or permits shall be applied for and renewed in accordance with this act.

History.-ss. 2, 4, 5, ch. 79-228; ss. 2, 3, ch. 81-318. 'Note.-Repealed effective October 1, 1985, by s. 2, ch. 81-318, and scheduled


1242

F.S. 1983 REAL ESTATE BROKERS, SALESMEN, AND SCHOOLS Ch.475

CHAPTER 475

REAL ESTATE BROKERS, SALESMEN, AND SCHOOLS

475.001 475.01 475.011 475.02 475.021 475.03

475.04

475.05

475.10 475.125 475.15

475.17 475.175 475.181 475.182 475.1825

475.183 475.215 475.22

475.23 475.24 475.25 475.28 475.31 475.37

475.38 475.41

475.42 475.421

475.43 475.451 475.4511 475.452

475.453

475.454 475.455 475.482 475.483 475.4835

475.484 475.485 475.486

Purpose. Definitions. Exemptions. Florida Real Estate Commission. Division of Real Estate. Delegation of powers and duties; legal ser

vices. Duty of commission to educate members

of profession. Power of commission to enact bylaws,

rules, and regulations and decide questions of practice.

Seal. Fees. Registration of licenses of members, offi-

cers, and directors of firm. Qualifications for practice. Examinations. Licensure. Renewal of license; continuing education. Certain expired registrations granted in-

active status. Inactive status. Multiple licenses. Broker to maintain office and sign at en-

trance of office. License to expire on change of address. Branch office; fees. Discipline. Rules of evidence. Final orders. Effect of reversal of order of court or com

mission. Payment of costs. Contracts of unlicensed person for com

missions invalid. Violations and penalties. Publication of false or misleading infor

mation; promotion of sales, leases, rentals; penalty.

Presumptions. Schools teaching real estate practice. Advertising by real estate schools. Advance fees; deposit; accounting; penal-

ty; damages. Rental information; contract or receipt;

refund; penalty. Prosecution of criminal violations. Exchange of disciplinary information. Real Estate Recovery Fund. Conditions for recovery; eligibility. Commission powers upon notification of

commencement of action. Payment from the fund. Investment of the fund. Rules; violations.

'475.001 Purpose.-The Legislature finds that a significant number of real property transactions are facilitated by real estate brokers and salesmen and that it is necessary to assure the minimal competence

of real estate practitioners in order to protect the public from potential economic loss; therefore, the Legislature deems it necessary in the interest of the public welfare to regulate real estate brokers, salesmen, and schools in this state.

History.-ss. I, 42, ch. 79-239; ss. 2, 3, ch. 81-318. 'Note.- Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled


'475.01 Definitions.-(!) As used in this chapter: (a) "Commission" means the Florida Real Estate

Commission. (b) "Department" means the Department of Pro

fessional Regulation. (c) "Broker" means a person who, for another,

and for a compensation or valuable consideration 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, buying, 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.

(d) "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.

(e) "Broker-salesman" means a person who is qualified to be issued a license as a broker but who operates as a salesman in the employ of another.

(f) "Real property" or "real estate" means any interest or estate in land and any interest in business enterprises or business opportunities, including any assignment, leasehold, subleasehold, or mineral right; however, the term does not include any cemetery 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.

1243

Ch.475 REAL ESTATE BROKERS, SALESMEN, AND SCHOOLS F.S. 1983

(2) The terms "employ," "employment," "employer," and "employee," when used in this chapter and 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.

(3) Wherever the word "operate" or "operating" as a broker, a broker-salesman, or a salesman appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this chapter; 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 in paragraph (1)(c) as constituting or defining a broker or salesman, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herein, constitutes a separate offense.

History.-s. I, ch. 12223, 1927; CGL 4062; s. I, ch. 29983, 1955; s. I , ch. 59-199; s. I , 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. I , ch. 78-215; s. 1, ch. 78-366; ss. 2, 42, 43, ch. 79-239; ss. 2, 3, 5, ch. 80-405; ss. 2, 3, ch. 81-318; ss. 5, 38, ch. 82- 1; ss. 18, 45, ch. 82-179.

'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82- 1, and to s. 45, ch. 82- 179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.011 apply to:

Exemptions.-This chapter does not

(1) Any person acting as an attorney-in-fact for the purpose of the execution of contracts or conveyances only; as an attorney-at-law within the scope of his duties as such; as a certified public accountant, as defined in chapter 473, within the scope of his duties as such; 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 trust, 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, exchanges, or leases its own real property; however, this exemption shall not be 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, exchanging, or leasing real property to the public;

(3) Any employee of a public utility, a rural electric cooperative, a railroad, or the Department of Transportation who acts within the scope of his employment, for which no compensation in addition to the employee's salary is paid, to buy or lease any real property, or any interest in real property, for the use of his employer;

(4) One resident manager of an apartment build-

by the owner of the apartment building complex to lease the residential apartments in such complex; or

(5) Any person employed as, or acting in the capacity of, a manager of a condominium or cooperative apartment building as a result of any activities or duties which he may have in relation to the renting of individual units within such condominium or cooperative apartment if such manager is acting on behalf of a tenant owning or having an interest in no more than one unit within the condominium or cooperative apartment and if rentals arranged by him are for periods no greater than 1 year.

History.-ss. 3, 42, ch. 79-239; ss. 1, 5, ch. 80-307; ss. 2, 3, ch. 81-318; ss. 31, 45, ch. 82- 179.

'Note.- Repealed effect ive October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 45, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.02 Florida Real Estate Commission.(1) There is created within the Department of

Professional Regulation the Florida Real Estate Commission. The commission shall consist of seven members; four members shall be licensed brokers, each of whom has held an active license for the 5 years preceding appointment; one member shall be a licensed broker or a licensed salesman who has held an active license for the 2 years preceding appointment; and two members shall be lay persons who are not and have never been brokers, salesmen, or members of any closely related profession or occupation.

(2) Initially, the Governor shall appoint two members for a term of 4 years, two members for a term of 3 years, two members for a term of 2 years, and one member for a term of 1 year. Thereafter, members shall be appointed for 4-year terms.

(3) The members of the Board of Real Estate shall continue to serve as members of the Florida Real Estate Commission until January 1, 1983, or until all members are appointed pursuant to subsection (1) and s. 20.30, whichever occurs first.

History.- ss. 2, 3, ch. 12223, 1927; CGL 4063, 4064; ss. 30, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 4, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 6, 38, ch. 82-1.

'Note.- Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82- 1, and is scheduled for review pursuant to s. 11.61 in advance of that date.

475.021 Division of Real Estate.-(1) All services concerning this chapter, includ

ing, but not limited to, recordkeeping services, examination services, legal services, and investigative services, and those services in chapter 455 necessary to perform the duties of this chapter shall be provided by the Division of Real Estate. The commission may, by majority vote, delegate a duty or duties to the appropriate division within the department. The commission may, by majority vote, rescind any such delegation of duties at any time.

(2) The Division of Real Estate shall be funded by fees and assessments of the commission, and funds collected by the commission shall be used only to fund real estate regulation.

History.-s. 1, ch. 82- 1. cf.-s. 20.30 Department of Professional Regulation.

ing complex and one nonresident manager of such '475.03 Delegation of powers and duties; le-complex who are employed by a registered broker or gal services.-

1244

F.S. 1983 REAL ESTATE BROKERS, SALESMEN, AND SCHOOLS Ch. 475

(1) Any of the duties and powers of the commission, except disciplinary powers and the power to adopt rules, may be delegated, by resolution, to any member; but the chairman may exercise such duties and powers without such resolution.

(2) Subject to the prior approval of the Attorney General, the commission may retain independent legal counsel to provide legal advice to the commission on a specific matter.

(3) No attorney employed or utilized by the commission shall prosecute a matter and provide legal services to the commission · with respect to the same matter.

Histo r y.- s. 4, ch. 12223, 1927; CGL 4065; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 5, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 7, 38, ch. 82- 1.

'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82- l , and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.04 Duty of commission to educate members of profession.-

( I) The commission shall foster the education of brokers, broker-salesmen, salesmen, and instructors concerning the ethical, legal, and business principles which should govern their conduct.

(2) For the purpose of performing its duty under subsection (1) to educate registrants, the commission may conduct, offer, sponsor, prescribe, or approve real estate educational courses for all persons licen sed by the department as brokers , broker-salesmen, salesmen, or instructors; and the cost and expense of such courses shall be paid as provided for other expenses of the commission by s. 475.12.

(3) The commission may also publish and sell, at a reasonable price intended to cover costs, a handbook on this chapter and other publications intended to be textbooks or guidelines for study and guidance of students, applicants, licensees, and members of the general public, copyright of which shall be the property of the state.

History.-s. 5, ch. 12223, 1927; CGL 4066; s. 1, ch. 59-200; s. 1, ch. 75-184; s. 3, ch. 76- 168; s. 1, ch. 77-457; ss. 6, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 8, 38, ch. 82-1.

'Note.- Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1 , and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.05 Power of commission to enact bylaws, rules, and regulations and decide questions of practice.- The commission may enact bylaws and regulations for its own government and rules in the exercise of its powers, not in conflict with the constitution and laws of the United States or of this state, and amend the same at its pleasure. The commission may decide questions of practice arising in the proceedings before it, having regard to this chapter and the rules then in force. Printed copies of rules, or written copies under the seal of the commission, shall be prima facie evidence of their existence and substance, and the courts shall judicially notice such rules. The conferral or enumeration of specific powers elsewhere in this chapter shall not be construed as a limitation of the general powers conferred by this section.

History.- s. 6, ch. 12223, 1927; CGL 4067; s. 2, ch. 59-199; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 7, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 9, 38, ch. 82- 1.

'Note.- Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and is scheduled for review pursuan t to s. 11.61 in advance of that date.

'475.10 SeaL-The commission shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts of the commission, and certificates purporting to relate the facts concerning such proceedings, records, and acts, signed by the chairman, the custodian of such records, or another person authorized to make such certification and authenticated by such seal, shall be prima facie evidence thereof in all the courts of this state.

History.-s. 11 , ch. 12223, 1927; CGL 4072; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 8, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 10, 38, ch. 82- 1; ss. 19, 45, ch. 82-179; s. 92, ch. 83-218.

'Note.- Repealed effective October 1, 1988, by s. 2, ch. 81 -318, and scheduled for review pursuant to s. 11.61 in advance of t hat date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and to s. 45, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.125 Fees.-(1) The commission by rule may establish fees to

be paid for applications, examination, reexamination, licensing and renewal , reinstatement, and recordmaking and recordkeeping. The fee for initial application and examination may not exceed $100. The biennial renewal fee may not exceed $100. The commission may also establish by rule a late renewal penalty. The commission shall establish fees which are adequate to ensure its continued operation. Fees shall be based on estimates made by the department of the revenue required to implement this chapter and other provisions of law relating to the regulation of real estate practitioners.

(2) The application and license fees shall be refunded upon a determination by the commission that the state is not entitled to the fees or that only a portion of the resources have been expended in the processing of the application, or if for any other reason the application is not completely processed. The commission shall implement this provision by rule.

History.- ss. 9, 42, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 11, 38, ch. 82- 1; s. 56, ch. 83-329.

'Note.- Repealed effective October 1, 1988, by s. 2, ch. 8 1-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1 , and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.15 Registration of licenses of members, officers, and directors of firm.-Each partnership or corporation which acts as a broker shall register with the commission and shall renew the licenses of its members, officers, and directors for each license period. The registration of such a partnership shall be canceled automatically during any period of time that the license of any of its partners is not in force. If the license of at least one active broker member is not in force, the registration of such a corporation shall be canceled automatically during that period of time.

History.-s. 16, ch. 12223, 1927; CGL 4077; s. 4, ch. 59-199; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 10, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 12, 38, ch. 82-1.

'Note .- Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82- 1, and is scheduled for review pursuant to s.11.61 in advance of that date.

'475.17 Qualifications for practice.-'(l)(a) 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, and of good character and shall have a good reputation for fair dealing. An applicant for an active broker's license or

1245


a salesman's license shall be competent and qualified to make real estate transactions and conduct negotiations therefor with safety to investors and to those with whom he may undertake a relationship of trust and confidence. If the applicant has been denied registration or a license or has been disbarred, or his registration or license to practice or conduct any regulated profession, business, or vocation has been revoked or suspended, by this or any other state, any nation, or any possession or district of the 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 guilty of conduct or practices in this state or elsewhere which would have been grounds for revoking or suspending his license under this chapter had the applicant then been registered, the applicant shall be deemed not to be qualified unless, because of lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient, it appears to the commission that the interest of the public and investors will not likely be endangered by the granting of registration.

(b) No application may be approved if the applicant has acted or attempted to act, or has held himself out as entitled to act, during the period of 1 year next prior to the filing of the application, as a real estate broker or salesman in the state in violation of this chapter. This paragraph shall be deemed to bar any person from licensure who has performed any of the acts or services described in s. 475.01(3), unless exempt pursuant to s. 475.011, during a period of 1 year next preceding the filing of the application, or during the pendency of the application, and until a valid current license has been duly issued to him, regardless of whether the performance of the act or service was done for compensation or valuable consideration.

2(2) In addition to other requirements under this chapter, the commission 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, broker-salesman, or salesman. The course or courses required for one to become initially licensed shall not exceed a total of 63 classroom hours of 50 minutes each, inclusive of examination, for a salesman and 72 classroom hours of 50 minutes each, inclusive of examination, for a broker. No person may be licensed as a real estate broker unless, in addition to the other requirements of law, he has held an active real estate salesman's license in the office of one or more licensed real estate brokers

dence or other suitable means to any person who, by reason of hardship, cannot attend the place or places where the course is regularly conducted.

(3) All 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-practice provisions of subsection (2) and s. 475.175 for a period of 2 years. During this 2-year period, all such individuals shall either qualify as real estate brokers under the provisions of this chapter or satisfactorily complete commission-approved courses of instruction and pass an examination prescribed by the commission. The total classroom hours of instruction in the commission-approved course or courses of instruction shall not exceed the combined total for broker applicants and salesman applicants contained in subsection (2) . After this 2-year period, full compliance with this chapter is mandatory.

History.-s. 18, ch. 12223, 1927; CGL 4079; s. 1, ch. 24090, 1947; s. 1, ch. 57·244; s. 2, ch. 59-200; ss. 2, 3, ch. 69-378; s. 1, ch. 74-343; s. 1, 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; ss. 2, 3, ch. 81-318; ss. 13, 38, ch. 82-1; s. 57, ch. 83-329.

'Note.- Repealed effective October 1, 1988, by s. 2, ch. 81 -318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and is scheduled for review pursuant to s. 11.61 in advance of that date.

' Note.-As amended by s. 57, ch. 83-329, effective January 1, 1984. cf.-s. 112.011 Felons; removal of disqualifications for employment, exceptions.

1475.175 Examinations.-(!) A person shall be entitled to take the license

examination to practice in this state if he: (a) Submits to the department the appropriate

application and fee and, if required by the department, fingerprints for processing through appropriate law enforcement agencies; and

(b) Submits at the time of examination the certificate specified in subsection (2), the examination admissions card issued by the commission, and proof of identification.

(2) Each accredited college, university, community college, or registered real estate school shall notify the commission of the names of all persons who have satisfactorily completed the educational requirements provided for ins. 475.17(2). Furthermore, each such educational institution shall provide to each person satisfactorily completing the educational requirements provided for in s. 475.17(2) a certificate as proof of such satisfactory completion.


'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81 -318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82- 1, and is scheduled for review pursuant to s. 11.61 in advance of that date.

for at least 12 months during the preceding 5 years. 1475.181 Licensure.-The satisfactory completion of an examination ad- (1) The department shall license any applicant ministered by the accredited college, university, or whom the commission certifies to be qualified to community college or by the registered real estate practice as a broker or salesman. school shall be the basis for determining satisfactory (2) The commission shall certify for licensure any completion of the course. However, notice of satisfac- applicant who satisfies the requirements of ss. 475.17 tory completion shall not be issued if the student has and 4 7 5.17 5. The commission may refuse to certify absences in excess of 8 classroom hours. When such any applicant who has violated any of the provisions requirement is made, provisions shall be made to of s. 475.42 or who is subject to discipline under s. make such course or courses available by correspon- 475.25. The application shall expire 1 year from the

1246


date received if the applicant fails to take the appropriate examination.

(3) The department may not issue a license to any applicant who is under investigation in another state or territory for any act which would constitute a violation of this chapter or chapter 455 until such time as the investigation is complete and disciplinary proceedings have been terminated.

(4) An applicant who has passed the appropriate examination and has been certified by the commission, but who has failed to request initial licensure within 6 months from the date of notification, must be recertified by the commission before licensure.

History.-ss. 13, 42, ch. 79-239; s. 351, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 15, 38, ch. 82-1; s. 59, ch. 83-329.

'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.182 Renewal of license; continuing education.-

(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 commission 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 commission. The commission shall accept as a substitute for such continuing education course, on a classroom-hour-for-classroom-hour basis, any satisfactorily completed education course offered by the Realtors National Marketing Institute, the American Institute of Real Estate Appraisers of the National Association of Realtors, the Society of Real Estate Appraisers, Inc., the Florida Association of Realtors, or any accredited university within this state; however, pursuant to a hearing under chapter 120, the commission may refuse to substitute any such course which, in the opinion of the commission, fails to adequately educate the person taking the course within the intent of this section. This section shall not serve to exclude those courses which have previously been approved as substitutes, nor is it intended to restrict societies or institutions which may seek approval of their courses pursuant to hearings under chapter 120. The commission may accept as a substitute for such continuing education course, on a classroom-hour-for-classroom-hour basis, any satisfactorily completed education course that the commission, following a hearing under chapter 120, finds is adequate to educate licensees within the intent of this section.


(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; ss. 2, 3, ch. 81-318; ss. 16, 38, ch. 82-1; ss. 32, 45, ch. 82-179; s. 93, ch. 83-218.

'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled

for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and to s. 45, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.1825 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. The reactivation of any inactive license under this section shall be accomplished pursuant to s. 475.183(2).

History.-ss. 1, 2, 5, ch. 80-405; s. 2, ch. 81-318; s. 94, ch. 83-218; s. 107, ch. 83-329.



reactivated pursuant to s. 475.182 upon application to the department. The commission shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license shall not exceed 12 classroom hours for each year the license was inactive. The commission shall substitute for such continuing education requirements, on a classroom-hour-for-classroom-hour basis, any satisfactorily completed education course approved in the manner specified in s. 475.182(1). Any such license which has been inactive for more than 4 years shall automatically expire if the licensee has not made application for renewal of such license. Once a license expires, it becomes null and void without any further action by the board or department. One year prior to expiration of the license, the department shall give notice to the licensee.


History.-ss. 15, 42, ch. 79-239; s. 352, ch. 81-259; ss. 2, 3, ch. 81 -318; ss. 17, 38, ch. 82-1; ss. 33, 45, ch. 82-179; s. 108, ch. 83-329.

'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and to s. 45, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

' Note.- Section 108, ch. 83·329, provides that any licensee whose license is inactive on October 1, 1983, "may retain inactive status for 4 years beginning from the date of the next biennial renewal, whereupon such inactive license shall expire, if no reactivation or renewal of the inactive license has occurred."

'475.215 Multiple licenses.-(1) A licensed broker may be issued upon request

additional licenses as a broker, but not as a salesman or as a broker-salesman, whenever it is clearly shown that the requested additional licenses are necessary to the conduct of real estate brokerage business and that the additional licenses will not be used in a manner likely to be prejudicial to any person, including a licensee under this chapter.

(2) A salesman or broker-salesman shall have no more than one registered employer at any one time.

History.-ss. 20, 45, ch. 82- 179. 'Note.-Expires October 1, 1988, pursuant to s. 45, ch. 82-179, and is sched

uled for review pursuant to s. 11.61 in advance of that date.

1247


'475.22 Broker to maintain office and sign at entrance of office.-Each active broker shall maintain an office, which shall consist of at least one enclosed room in a building of stationary construction. Each active broker shall maintain a sign on or about the entrance of his principal office and each branch office, which sign may be easily observed and read by any person about to enter such office and shall be of such form and minimum dimensions as shall be prescribed by the commission.

History.-s. 23, ch. 12223, 1927; CGL 4084; s. 3, ch. 76-168; s. 2, ch. 77-355; s. 1, ch. 77-457; ss. 16, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 18, 38, ch. 82-1.

'Note.- Repealed effective October 1, 1988, by s. 2, ch. 81-318, -and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.23 License to expire on change of address.-A license shall cease to be in force whenever a broker changes his business address, a real estate school operating under a permit issued pursuant to s. 475.451 changes its business address, or a salesman working for a broker or an instructor working for a real estate school changes employer. In each such case, the old license or permit shall be surrendered or accounted for and a replacement shall be issued upon request therefor on a form provided by the commission. The fee for the issuance of the replacement license shall be in an amount prescribed by the commission, not to exceed $10.

History.-s. 24, ch. 12223, 1927; CGL 4085; s. 4, ch. 29983, 1955; s. 2, ch. 74-181; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 7, ch. 78-366; ss. 17, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 19, 38, ch. 82-1; s. 60, ch. 83-329.


'475.24 Branch office; fees.-Whenever any licensee desires to conduct business at some other location, either in the same or a different municipality or county than that in which he is licensed, such other place of business shall be registered as a branch office, and an annual registration fee prescribed by the commission, in an amount not exceeding $20, shall be paid for each such office. It shall be necessary to maintain and register a branch office whenever, in the judgment of the commission, the business conducted at a place other than the principal office is of such a nature that the public interest requires registration of the branch office. Any office shall be deemed to be a branch office if the name or advertising of a broker having a principal office located elsewhere is displayed in such a manner as to reasonably lead the public to believe that such office is owned or operated by such broker.

History.-s. 25, ch. 12223, 1927; CGL 4088; s. 3, ch. 74-181; s. 3, ch. 76-168; s. I , ch. 77-457; s. 8, ch. 78-366; ss. 18, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 20, 38, ch. 82- 1.

'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.25 Discipline.-(1) The commission may deny an application for

licensure, registration, or permit, or renewal thereof; may suspend a license or permit for a period not exceeding 10 years; may revoke a license or permit; may impose an administrative fine not to exceed $1,000 for each count or separate offense; and may issue a

reprimand, or any or all of the foregoing, if it finds that the licensee, permittee, or applicant:

(a) Has violated any provision of s. 475.42 or of s. 455.227(1).

(b) Has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. It is immaterial to the guilt of the licensee that the victim or intended victim of the misconduct has sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim or intended victim was a customer or a person in confidential relation with the licensee or was an identified member of the general public.

(c) Has advertised property or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.

(d) Has failed to account or deliver to any person, including a licensee under this chapter, at the time which has been agreed upon or is required by law or, in the absence of a fixed time, upon demand of the person entitled to such accounting and delivery, any personal property such as money, fund, deposit, check, draft, abstract of title, mortgage, conveyance, lease, or other document or thing of value, including a share of a real estate commission, or any secret or illegal profit, or any divisible share or portion thereof, which has come into his hands and which is not his property or which he is not in law or equity entitled to retain under the circumstances. However, if the licensee, in good faith, entertains doubt as to what person is entitled to the accounting and delivery of the escrowed property, or if conflicting demands have been made upon him for the escrowed property, which property he still maintains in his escrow or trust account, the licensee shall promptly notify the commission of such doubts or conflicting demands and shall promptly:

1. Request that the commission issue an escrow disbursement order determining who is entitled to the escrowed property;

2. With the consent of all parties, submit the matter to arbitration; or

3. By interpleader or otherwise, seek adjudication of the matter by a court.

If the licensee promptly employs one of the escape procedures contained herein, and if he abides by the order or judgment resulting therefrom, no administrative complaint may be filed against the licensee for failure to account for, deliver, or maintain the escrowed property.

(e) Has violated any of the provisions of this chapter or any lawful order or rule made or issued under the provisions of this chapter or chapter 455.

1248


(f) Has been convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the activities of a licensed broker or salesman or involves moral turpitude or fraudulent or dishonest dealing. Any plea of nolo contendere shall be considered a conviction for purposes of this paragraph. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the state shall be admissible as prima facie evidence of such guilt.

(g) Has had a broker's or salesman's license revoked, suspended, or otherwise acted against, or has had an application for such licensure denied, by the real estate licensing agency of another state, territory, or country.

(h) Has shared a commission with, or paid a fee or other compensation to, a person not properly licensed as a broker, broker-salesman, or salesman under the laws of this state, for the referral of real estate business, clients, prospects, or customers, or for any one or more of the services set forth in s. 475.01(1)(c). For the purposes of this section, it is immaterial that the person to whom such payment or compensation is given made the referral or performed the service from within this state or elsewhere; however, a licensed broker of this state may pay a referral fee or share a real estate brokerage commission with a broker licensed or registered under the laws of a foreign state so long as the foreign broker does not violate any law of this state.

(i) Has become temporarily incapacitated from acting as a broker or salesman with safety to investors or those in a fiduciary relation with him because of drunkenness, use of drugs, or temporary mental derangement; but suspension of a license in such a case shall be only for the period of such incapacity.

(j) Has rendered an opinion that the title to any property sold is good or merchantable, except when correctly based upon a current opinion of a licensed attorney-at-law, or has failed to advise a prospective purchaser to consult his attorney on the merchantability of the title or to obtain title insurance.

(k) Has failed, if a broker, to immediately place, upon receipt, any money, fund, deposit, check, or draft entrusted to him by any person dealing with him as a broker in escrow with a title company, banking institution, or savings and loan association located and doing business in this state, or to deposit such funds in a trust or escrow account maintained by him with some bank or savings and loan association located and doing business in this state, wherein the funds shall be kept until disbursement thereof is properly authorized; or has failed, if a salesman, to immediately place with his registered employer any money, fund, deposit, check, or draft entrusted to him by any person dealing with him as agent of his registered employer. The commission shall establish rules to provide for records to be maintained by the broker and the manner in which such deposits shall be made.

(I) Has made or filed a report or record which the licensee knows to be false, has willfully failed to file a report or record required by state or federal law, has willfully impeded or obstructed such filing, or has induced another person to impede or obstruct such filing; but such reports or records shall include only

those which are signed in the capacity of a licensed broker or salesman.

(m) Has obtained a license by means of fraud, misrepresentation, or concealment.

(n) Is confined in any state or federal prison or mental institution or, through mental disease or deterioration, can no longer safely be entrusted to deal with the public or in a confidential capacity.

(o) Has been found guilty, for a second time, of any misconduct that warrants his suspension or has been found guilty of a course of conduct or practices which show that he is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors, or those with whom he may sustain a confidential relation, may not safely be entrusted to him.

(p) Has failed to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony.

(2) A license may be revoked or canceled if it was issued through the mistake or inadvertence of the commission. Such revocation or cancellation shall not prejudice any subsequent application for licensure filed by the person against whom such action was taken.

(3) The department shall reissue the license of a licensee against whom disciplinary action was taken upon certification by the commission that the licensee has complied with all of the terms and conditions of the final order imposing discipline.

History.-s. 26, ch. 12223, 1927; CGL 4087; s. 3, ch. 24090, 1947; s. 11 , ch. 25035, 1949; s. 10, ch. 26484, 1951; s. 5, ch. 29983, 1955; s. 1, ch. 61-108; ss. 1, 2, ch. 70-421; s. 3, ch. 75-112; s. 3, ch. 76-168; s. I, ch. 77-457 ; s. 1, ch. 78-117; s. 9, ch. 78-366; ss. 19, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 21, 38, ch. 82-1; ss. 21, 45, ch. 82-179; s. 61, ch. 83-329.

'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and to s. 45, ch. 82-179, and is scheduled for review pursuant to s. 11.61 in advance of that date.

1475.28 Rules of evidence.-(1) In all proceedings before the comm1ss10n or

the courts, civil or criminal, in which the payment, receipt, or expectation of a commission, compensation, or a valuable consideration is a necessary element of the offense, proof of the performance of the act, service, or condition for which such commission, compensation, or valuable consideration is required to be shown shall be prima facie evidence that such act, service, or condition was performed or existed for or in expectation of the payment or receipt of a commission, compensation, or a valuable consideration. If it is material to determine whether or not a party to any action, civil or criminal, is properly licensed, the burden of proof shall be on such party.

(2) Photostatic copies of any papers or documents may be introduced in lieu of the originals in any proceeding or prosecution under this chapter. The books of account and records of any person shall be admissible upon a showing that they were made in the regular course of business, without introducing the person who made the entries, the weight of such evidence to be decided by the court or commission.

History.- s. 30, ch. 12223, 1927; CGL 4091; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 48, ch. 78-95; ss. 20, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 22, 38, ch. 82-1.

'Note.-Repealed effective October 1, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11 .61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 824 1, and is scheduled for review pursuant to s. 11.61 in advance of that date.

1249

Ch.475 REAL ESTATE BROKERS, SALESMEN, AND SCHOOLS F.S.1983

'475.31 Final orders.-(1) An order revoking or suspending the license

of a broker shall automatically cancel the licenses of all salesmen registered with the broker, and, if a partnership or corporation, of all members, officers, and directors thereof, while the license of the broker is inoperative or until new employment or connection is secured and a new license is issued to the member, officer, director, or salesman; but the right to transfer or have a license issued or reissued shall not extend beyond a period of 6 months after the termination of the license year in which the order became effective.

(2) The commission may publish and distribute in such manner and form as it may prescribe any of its final orders or decisions made under this chapter, after they become final by lapse of time or upon affirmance on appeal, or opinions of appellate courts for the guidance of registrants and the public; and it may publish or withhold from publication the names and addresses of any parties concerned. This subsection shall not be construed to affect the operation of chapter 119.

History.-s. 33, ch. 12223, 1927; CGL 4094; s. 2, ch. 22861, 1945; s. 8, ch. 24090, 1947; s. 11 , ch. 25035, 1949; s. 3, ch. 59-197; s. 3, ch. 76-168; s. 3, ch. 77-355; s. I , ch. 77-457; s. 48, ch. 78-95; ss. 21 , 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 23, 38, ch. 82-1.

'Note.-Repealed effective October I , 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October I, 1988, pursuant to s. 38, ch. 82-l,,and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.37 Effect of reversal of order of court or commission.-If the order of the court or commission denying, revoking, or suspending a license is finally reversed and set aside, the defendant shall be restored to his rights and privileges as a broker or salesman as of the date of filing the mandate or a copy thereof with the commission. The matters and things alleged in the information shall not thereafter be reexamined in any other proceeding concerning the licensure of the defendant. If the inquiry concerned was in reference to an application for licensure, the application shall stand approved, and such application shall be remanded for further proceedings according to law.

History.-s. 40, ch. 12223, 1927; CGL 4101 ; s. 3, ch. 76-168; s. I , ch. 77-457; ss. 22, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 24, 38, ch. 82-1.


'475.38 Payment of costs.- The commission shall not be required to advance any fees or costs to any officer or witness, or to execute any bond in any proceeding in the courts, any general statute to the contrary notwithstanding, but in every case in which the commission is liable for any fees or costs, a voucher therefor shall be presented to the commission and, if approved, audited and paid as are other expenses of the commission. The commission may, if it is satisfied that a defendant is unable to pay or advance any fees or costs and that the service from which such fees or costs have accrued or will accrue is probably necessary in the interests of justice, upon application by the defendant, order that such fees or costs be incurred at the expense of the commission and be paid as are other fees and costs, but the defen-

dant shall remain liable to the commission for all sums so paid.

History.-s. 41, ch. 12223, 1927; CGL 4102; s. 3, ch. 76-168; s. I, ch. 77-457; ss. 23, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 25, 38, ch. 82·1.

'Note.- Repealed effective October I , 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date. Expires October 1, 1988, pursuant to s. 38, ch. 82-1, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'475.41 Contracts of unlicensed person for commissions invalid.-No contract for a commission or compensation for any act or service enumerated in s. 475.01(3) is valid unless the broker or salesman has complied with this chapter in regard to issuance and renewal of the license at the time the act or service was performed.

History.-s. 44, ch. 12223, 1927; CGL 4105; s. 3, ch. 76-168; s. I, ch. 77-457; ss. 24, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318.

'Note.-Repealed effective October I, 1988, by s. 2, ch. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date.

'475.42 Violations and penalties.(!) VIOLATIONS.-(a) No person shall operate as a broker or sales

man without being the holder of a valid and current license therefor.

(b) No person licensed as a salesman shall operate as a broker or operate as a salesman for any person not registered as his employer.

(c) No broker shall employ, or continue in employment, any person as a salesman who is not the holder of a valid and current license as salesman; but a license as salesman may be issued to a person licensed as an active broker, upon request and surrender of the license as broker, without a fee in addition to that paid for the issuance of the broker's active license.

(d) No salesman shall collect any money in connection with any real estate brokerage transaction, whether as a commission, deposit, payment, rental, or otherwise, except in the name of the employer and with the express consent of the employer; and no real estate salesman, whether the holder of a valid and current license or not, shall commence or maintain any action for a commission or compensation in connection with a real estate brokerage transaction against any person except a person registered as his employer at the time the cause of action is alleged to have arisen.

(e) No person shall violate any lawful order or rule of the commission which is binding upon him.

(f) No person shall commit any conduct or practice set forth in s. 475.25(1)(b), (c), (d), or (h).

(g) No person shall make any false affidavit or affirmation intended for use as evidence by or before the commission or a member thereof, or by any of its authorized representatives, nor shall any person give false testimony under oath or affirmation to or before the commission or any member thereof in any proceeding authorized by this chapter.

(h) No person shall fail or refuse to appear at the time and place designated in a subpoena issued with respect to a violation of this chapter, unless because of facts that are sufficient to excuse appearance in response to a subpoena from the circuit court; nor shall a person who is present before the commission or a member thereof or one of its authorized representatives acting under authority of this chapter refuse to

1250

F.S.1983 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS … · 2014-10-01 · Ch.468 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS F.S. 1983 (e) Use or attempt to use a nursing home admin

Documents