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CS/CS/HB 887 — Business and Professional Regulation

by Economic Affairs Committee; Business and Consumer Affairs Subcommittee; and Rep. Ingram and others (CS/CS/SB 1252 by Budget Subcommittee on General Government Appropriations; Regulated Industries Committee; and Senators Jones and Gaetz)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Regulated Industries Committee (RI)

This bill relates to the Department of Business and Professional Regulation (department). The bill revises the following provisions related to the department’s licensing processes and the requirements for the professions licensed by the department. The bill:

  •  Permits wholesale tobacco dealers to extend credit to retail dealers, and authorizes the Division of Alcoholic Beverage and Tobacco to suspend or deny the renewal of the tobacco permit of a retail dealer after the wholesale dealer submits proof to the division that the dealer has failed to satisfy a civil judgment for failure to pay for tobacco products purchased from a wholesale dealer. The permit would remain suspended until the retailer entered into a payment plan or satisfied the civil judgment in full;
  • Waives the initial licensing fee, the initial application fee, and the initial unlicensed activity fee for military veterans who apply to the department for a license within 24 months of being honorably discharged from service;
  • Authorizes the department to approve continuing education providers and courses without a review by the appropriate board if the provider or course application does not require expert review or denial;
  • Authorizes the department, in lieu of a board, to approve applications for reinstatement of a void license if the department determines that the individual failed to comply due to illness or economic hardship;
  • Authorizes the department to send the license renewal notice to the licensee’s last known e-mail address if provided;
  • Permits continuing education instructors to complete their continuing education through distance learning;
  • Revises the provisions related to the regulation of appraisal management companies banks, credit unions, or other lending institutions that own and operate an internal appraisal office, business unit, or department. This is consistent with the federal Dodd Frank Act, which exempts from state regulation financial institutions that own or operate an internal appraiser office, business, unit, or department and appraisal management companies that are owned and controlled by a subsidiary of a financial institution;
  • Permits applicants for a real estate appraiser’s certification to the results of national examinations required for the license that were obtained more than 24 month after the date of the examination;
  • Prohibits appraisal management companies from requiring that appraisers agree to an indemnity agreement;
  • Permits cosmetology applicants, if licensed in another state, to qualify for a license without having to submit proof of completing their required educational hours if the state’s requirements include 1200 pre-licensure hours and passage of a written examination;
  • Permits cosmetologists and specialists to perform cosmetology and specialty services at special events held outside of salons if they are employed by a licensed salon and appointments for such services are made through a licensed salon;
  • Repeals the license requirement for glass and glazing contractors;
  • Extends from November 1, 2005, to November 1, 2014, the period for registered contractors, who are limited to practicing within the county or counties in which they are registered, to qualify for state-wide certification;
  • Exempts amateur boxing, martial arts or kickboxing matches from the prohibition against blows to the head in such matches unless the match is sanctioned by an amateur sanctioning organization when the matches are conducted or sponsored by nonprofit schools or education programs, a company or detachment of the Florida National Guard or by the Fraternal Order of Police, and held in conjunction with a charitable event. This provision would take effect upon becoming law; and
  • Repeals the five percent tax on closed circuit television broadcasts of pugilistic matches to matches originating within and out-of-state.

If approved by the Governor, these provisions take effect October 1, 2012.

Vote: Senate 40-0; House 115-0