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BILL: CS/CS/SB’s 2086 & 2498

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amends several sections in the Florida Statutes to correct references to ch. 498, F.S., and the division obligations and duties under that chapter.

The bill amends or repeals the following provisions that may be affected by the repeal of ch. 498, F.S.:

  • Section 190.009(2), F.S. is repealed. This provision requires that the disclosures to be filed with the division pursuant to ch. 498, F.S, meet the disclosures required under s. 190.009(1), relating to public financing and maintenance of improvements to real property applicable to developers of community development districts.

  • Section 380.06, F.S., relating to statewide guidelines and standards for developments of regional impact, is amended to provide that the rights of any person to complete any development are not affected by the repeal of ch 498, F.S.

  • Section 381.0065(4)(c), F.S., relating to the installation of a central water system regulated by a pubic utility based on a density formula is amended to delete the requirement that the Department of Environmental Protection my consider the financial assurances securing the completion of promised improvements for subdivisions platted on or before October 1, 1991.

  • Section s. 494.008, F.S., relating to the regulation of mortgages offered by land developers licensed pursuant to the Florida Uniform Land Sales Practices Law, is amended to remove a reference to developers registered under ch. 498, F.S.

Farm Labor Contractor Registration The bill amends s. 450.33, F.S., to eliminate the requirement for farm labor contractors to file a set of their fingerprints with the Department of Business and Professional Regulation.

Regulation of Professions The bill amends several provisions of ch. 455, F.S., to, according to the department, improve the agency’s ability to protect the public and process applications more efficiently.

The bill amends s. 455.203, F.S., relating to the department’s powers and duties, to authorize the department, for the boards under its jurisdiction, to close and terminate license applications two years after the board or the department has notified the applicant of the deficiency. The effect of this provision is limited to deficient applications, i.e., applications that contain an error or omission. A complete application would be deemed approved if not denied within 90 days after receipt of the completed application. 32

The bill also amends s. 455.203, F.S., to authorize the department to approve applications for professional licenses that meet all statutory and rule requirements for licensure.

The bill amends s. 455.2273, F.S., to provide that the disciplinary guidelines in this section apply to all the boards or divisions within the department. These guidelines apply notwithstanding

32 Chapter 120, F.S., the Administrative Procedure Act, does not provide a time limit for responses to a notice for an incomplete application. Pursuant to s. 120.60, F.S., a license application is deemed complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. It also provides that every application for a license shall be approved or denied within 90 days after receipt of a completed application unless a shorter period of time for agency action is provided by law.

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