Florida Senate - 2011                      CS for CS for SB 1824
       
       
       
       By the Committees on Transportation; and Regulated Industries;
       and Senator Hays
       
       
       
       596-03863-11                                          20111824c2
    1                        A bill to be entitled                      
    2         An act relating to regulated professions and
    3         occupations; amending s. 322.142, F.S.; authorizing
    4         the Department of Highway Safety and Motor Vehicles to
    5         release certain digital images to the Department of
    6         Business and Professional Regulation to identify
    7         certain persons; amending s. 455.213, F.S.;
    8         authorizing the Department of Business and
    9         Professional Regulation to grant waivers of renewal
   10         fees under certain circumstances; amending s. 455.271,
   11         F.S.; revising continuing education requirements for
   12         certain license reactivations; amending s. 475.42,
   13         F.S.; revising violations and penalties for real
   14         estate professionals; amending s. 477.0212, F.S.;
   15         revising continuing education requirements for
   16         cosmetology license reactivations; amending s.
   17         477.0265, F.S.; revising prohibited acts for
   18         cosmetologists; amending s. 481.217, F.S.; revising
   19         continuing education requirements for license
   20         reactivation of architect or interior design licenses;
   21         amending s. 481.315, F.S.; revising continuing
   22         education requirements for landscape architect license
   23         reactivations; amending s. 489.116, F.S.; revising
   24         continuing education requirements for contractor
   25         license reactivations; amending s. 489.519, F.S.;
   26         revising continuing education requirements for
   27         electrical and alarm system contractor license
   28         reactivations; repealing s. 475.611(1)(v), F.S.,
   29         relating to Uniform Standards of Professional
   30         Appraisal Practice; repealing s. 475.626(1)(b) and
   31         (c), F.S., relating to violations and penalties
   32         against registered appraisers; amending s. 475.624,
   33         F.S.; establishing professional standards for
   34         appraisers by board rule; amending s. 475.628, F.S.;
   35         authorizing the board to adopt rules establishing
   36         standards of professional appraisal practice; amending
   37         s. 509.032, F.S.; clarifying provisions relating to
   38         the preemption to the state of the regulation of
   39         public lodging and public food service establishments;
   40         amending s. 509.261, F.S.; providing for remedial
   41         training in response to certain violations by public
   42         lodging and food service establishments; amending s.
   43         10, chapter 2010-84, Laws of Florida; delaying the
   44         effective date of provisions relating to the
   45         discipline of appraisal management companies; creating
   46         s. 473.3066, F.S.; authorizing the Board of
   47         Accountancy to establish a peer review oversight
   48         committee; providing for membership and duties of the
   49         oversight committee; requiring the board to adopt
   50         rules under certain circumstances; amending s.
   51         473.311, F.S.; revising licensure renewal requirements
   52         for firms engaged in certain aspects of the practice
   53         of public accounting; requiring such firms to comply
   54         with certain peer review requirements; providing an
   55         exception; creating s. 473.3125, F.S.; defining terms
   56         for purposes of peer review requirements; requiring
   57         firms engaged in certain aspects of the practice of
   58         public accounting to enroll in peer review programs
   59         and undergo peer reviews; providing for the frequency
   60         of peer reviews; providing exceptions; requiring firms
   61         that fail a specified number of peer reviews to submit
   62         certain documentation to the board; requiring the
   63         board to adopt rules establishing minimum standards
   64         for peer review programs and requiring a peer review
   65         administering organization to submit certain
   66         information; providing for the approval of peer review
   67         administering organizations; authorizing the board to
   68         withdraw approval of peer review administering
   69         organizations under certain circumstances; providing
   70         that certain persons who perform specified
   71         administrative services for a peer review
   72         administering organization are immune from civil
   73         liability; providing that the proceedings, records,
   74         and workpapers of peer review administering
   75         organizations are confidential and privileged;
   76         providing exceptions; prohibiting persons involved in
   77         peer reviews from testifying; amending s. 473.323,
   78         F.S.; providing additional grounds for the discipline
   79         of firms engaged in certain aspects of the practice of
   80         public accounting, to which penalties apply;
   81         authorizing disciplinary actions to be taken against
   82         firms that fail to enroll in a peer review program, to
   83         undergo a peer review, or to cooperate with a peer
   84         review administering organization approved by the
   85         board; revising requirements for reissuance of
   86         licenses after compliance with disciplinary final
   87         orders; conforming provisions; amending s. 481.205,
   88         F.S.; authorizing the Board of Architecture and
   89         Interior Design to contract with certain private
   90         entities for specific functions; repealing s. 686.201,
   91         F.S., relating to sales representative contracts
   92         involving commissions; amending s. 373.461, F.S.;
   93         requiring certain appraisers to follow specific
   94         standards of professional practice in appraisals
   95         involving the restoration of the Lake Apopka Basin;
   96         amending s. 475.25, F.S.; conforming and clarifying
   97         certain real estate appraisal standards and practices;
   98         amending s. 475.615, F.S.; conforming provisions
   99         relating to standards of professional practice for
  100         real estate appraisers; amending s. 475.617, F.S.;
  101         conforming provisions relating to appraisal practice;
  102         amending s. 475.6175, F.S.; conforming provisions
  103         relating to appraisal practice; amending s. 475.6235,
  104         F.S.; conforming provisions relating to appraisal
  105         practice; amending s. 475.6245, F.S.; conforming
  106         provisions relating to appraisal practice; providing
  107         effective dates.
  108  
  109  Be It Enacted by the Legislature of the State of Florida:
  110  
  111         Section 1. Subsection (4) of section 322.142, Florida
  112  Statutes, is amended to read:
  113         322.142 Color photographic or digital imaged licenses.—
  114         (4) The department may maintain a film negative or print
  115  file. The department shall maintain a record of the digital
  116  image and signature of the licensees, together with other data
  117  required by the department for identification and retrieval.
  118  Reproductions from the file or digital record are exempt from
  119  the provisions of s. 119.07(1) and shall be made and issued only
  120  for departmental administrative purposes; for the issuance of
  121  duplicate licenses; in response to law enforcement agency
  122  requests; to the Department of Business and Professional
  123  Regulation pursuant to an interagency agreement for the purpose
  124  of accessing digital images for reproduction of licenses issued
  125  by the Department of Business and Professional Regulation or for
  126  the purpose of identifying subjects who are under investigation
  127  for unlicensed activity pursuant to s. 455.228; to the
  128  Department of State pursuant to an interagency agreement to
  129  facilitate determinations of eligibility of voter registration
  130  applicants and registered voters in accordance with ss. 98.045
  131  and 98.075; to the Department of Revenue pursuant to an
  132  interagency agreement for use in establishing paternity and
  133  establishing, modifying, or enforcing support obligations in
  134  Title IV-D cases; to the Department of Children and Family
  135  Services pursuant to an interagency agreement to conduct
  136  protective investigations under part III of chapter 39 and
  137  chapter 415; to the Department of Children and Family Services
  138  pursuant to an interagency agreement specifying the number of
  139  employees in each of that department’s regions to be granted
  140  access to the records for use as verification of identity to
  141  expedite the determination of eligibility for public assistance
  142  and for use in public assistance fraud investigations; or to the
  143  Department of Financial Services pursuant to an interagency
  144  agreement to facilitate the location of owners of unclaimed
  145  property, the validation of unclaimed property claims, and the
  146  identification of fraudulent or false claims.
  147         Section 2. Subsection (12) is added to section 455.213,
  148  Florida Statutes, to read:
  149         455.213 General licensing provisions.—
  150         (12) The department may grant a fee waiver for a license
  151  renewal to a licensee on a case-by-case basis due to financial
  152  hardship or an error caused by the department.
  153         Section 3. Subsection (10) of section 455.271, Florida
  154  Statutes, is amended to read:
  155         455.271 Inactive and delinquent status.—
  156         (10) The board, or the department if there is no board,
  157  shall require Before reactivation, an inactive or delinquent
  158  licensee, except a licensee under chapter 473 or chapter 475, to
  159  complete one renewal cycle of shall meet the same continuing
  160  education in order to reactivate a license requirements, if any,
  161  imposed on an active status licensee for all biennial licensure
  162  periods in which the licensee was inactive or delinquent. This
  163  subsection does not apply to persons regulated under chapter
  164  473.
  165         Section 4. Subsection (1) of section 475.42, Florida
  166  Statutes, is amended to read:
  167         475.42 Violations and penalties.—
  168         (1) VIOLATIONS.—
  169         (a) A person may not operate as a broker or sales associate
  170  without being the holder of a valid and current active license
  171  therefor. Any person who violates this paragraph commits a
  172  felony of the third degree, punishable as provided in s. 775.082
  173  or s. 775.083, or, if a corporation, as provided in s. 775.083.
  174         (b) A person licensed as a sales associate may not operate
  175  as a broker or operate as a sales associate for any person not
  176  registered as her or his employer.
  177         (c) A broker may not employ, or continue in employment, any
  178  person as a sales associate who is not the holder of a valid and
  179  current license as sales associate; but a license as sales
  180  associate may be issued to a person licensed as an active
  181  broker, upon request and surrender of the license as broker,
  182  without a fee in addition to that paid for the issuance of the
  183  broker’s active license.
  184         (d) A sales associate may not collect any money in
  185  connection with any real estate brokerage transaction, whether
  186  as a commission, deposit, payment, rental, or otherwise, except
  187  in the name of the employer and with the express consent of the
  188  employer; and no real estate sales associate, whether the holder
  189  of a valid and current license or not, shall commence or
  190  maintain any action for a commission or compensation in
  191  connection with a real estate brokerage transaction against any
  192  person except a person registered as her or his employer at the
  193  time the sales associate performed the act or rendered the
  194  service for which the commission or compensation is due.
  195         (e) A person may not violate any lawful order or rule of
  196  the commission which is binding upon her or him.
  197         (e)(f) A person may not commit any conduct or practice set
  198  forth in s. 475.25(1)(b), (c), (d), or (g) (h).
  199         (f)(g) A person may not make any false affidavit or
  200  affirmation intended for use as evidence by or before the
  201  commission or a member thereof, or by any of its authorized
  202  representatives, nor may any person give false testimony under
  203  oath or affirmation to or before the commission or any member
  204  thereof in any proceeding authorized by this chapter.
  205         (g)(h) A person may not fail or refuse to appear at the
  206  time and place designated in a subpoena issued with respect to a
  207  violation of this chapter, unless because of facts that are
  208  sufficient to excuse appearance in response to a subpoena from
  209  the circuit court; nor may a person who is present before the
  210  commission or a member thereof or one of its authorized
  211  representatives acting under authority of this chapter refuse to
  212  be sworn or to affirm or fail or refuse to answer fully any
  213  question propounded by the commission, the member, or such
  214  representative, or by any person by the authority of such
  215  officer or appointee; nor may any person, so being present,
  216  conduct herself or himself in a disorderly, disrespectful, or
  217  contumacious manner.
  218         (h)(i) A person may not obstruct or hinder in any manner
  219  the enforcement of this chapter or the performance of any lawful
  220  duty by any person acting under the authority of this chapter or
  221  interfere with, intimidate, or offer any bribe to any member of
  222  the commission or any of its employees or any person who is, or
  223  is expected to be, a witness in any investigation or proceeding
  224  relating to a violation of this chapter.
  225         (i)(j) A broker or sales associate may not place, or cause
  226  to be placed, upon the public records of any county, any
  227  contract, assignment, deed, will, mortgage, affidavit, or other
  228  writing which purports to affect the title of, or encumber, any
  229  real property if the same is known to her or him to be false,
  230  void, or not authorized to be placed of record, or not executed
  231  in the form entitling it to be recorded, or the execution or
  232  recording whereof has not been authorized by the owner of the
  233  property, maliciously or for the purpose of collecting a
  234  commission, or to coerce the payment of money to the broker or
  235  sales associate or other person, or for any unlawful purpose.
  236  However, nothing in this paragraph shall be construed to
  237  prohibit a broker or a sales associate from recording a judgment
  238  rendered by a court of this state or to prohibit a broker from
  239  placing a lien on a property where expressly permitted by
  240  contractual agreement or otherwise allowed by law.
  241         (j)(k) A person may not operate as a broker under a trade
  242  name without causing the trade name to be noted in the records
  243  of the commission and placed on the person’s license, or so
  244  operate as a member of a partnership or as a corporation or as
  245  an officer or manager thereof, unless such partnership or
  246  corporation is the holder of a valid current registration.
  247         (k)(l) A person may not knowingly conceal any information
  248  relating to violations of this chapter.
  249         (l)(m) A person may not undertake to list or sell one or
  250  more timeshare periods per year in one or more timeshare plans
  251  on behalf of any number of persons without first being the
  252  holder of a valid and current license as a broker or sales
  253  associate pursuant to this chapter, except as provided in s.
  254  475.011 and chapter 721.
  255         (m)(n) A broker or sales associate may not enter into any
  256  listing or other agreement regarding her or his services in
  257  connection with the resale of a timeshare period unless the
  258  broker or sales associate fully and fairly discloses all
  259  material aspects of the agreement to the owner of the timeshare
  260  period. Further, a broker or sales associate may not use any
  261  form of contract or purchase and sale agreement in connection
  262  with the resale of a timeshare period unless the contract or
  263  purchase and sale agreement fully and fairly discloses all
  264  material aspects of the timeshare plan and the rights and
  265  obligations of both buyer and seller. The commission is
  266  authorized to adopt rules pursuant to chapter 120 as necessary
  267  to implement, enforce, and interpret this paragraph.
  268         (n)(o) A person may not disseminate or cause to be
  269  disseminated by any means any false or misleading information
  270  for the purpose of offering for sale, or for the purpose of
  271  causing or inducing any other person to purchase, lease, or
  272  rent, real estate located in the state or for the purpose of
  273  causing or inducing any other person to acquire an interest in
  274  the title to real estate located in the state.
  275         Section 5. Subsection (2) of section 477.0212, Florida
  276  Statutes, is amended to read:
  277         477.0212 Inactive status.—
  278         (2) The board shall promulgate rules relating to licenses
  279  which have become inactive and for the renewal of inactive
  280  licenses. The board shall prescribe by rule a fee not to exceed
  281  $50 for the reactivation of an inactive license and a fee not to
  282  exceed $50 for the renewal of an inactive license. The board
  283  shall also require a licensee to complete one renewal cycle of
  284  continuing education requirements.
  285         Section 6. Subsection (1) of section 477.0265, Florida
  286  Statutes, is amended to read:
  287         477.0265 Prohibited acts.—
  288         (1) It is unlawful for any person to:
  289         (a) Engage in the practice of cosmetology or a specialty
  290  without an active license as a cosmetologist or registration as
  291  a specialist issued by the department pursuant to the provisions
  292  of this chapter.
  293         (b) Own, operate, maintain, open, establish, conduct, or
  294  have charge of, either alone or with another person or persons,
  295  a cosmetology salon or specialty salon:
  296         1. Which is not licensed under the provisions of this
  297  chapter; or
  298         2. In which a person not licensed or registered as a
  299  cosmetologist or a specialist is permitted to perform
  300  cosmetology services or any specialty.
  301         (c) Engage in willful or repeated violations of this
  302  chapter or of any rule adopted by the board.
  303         (c)(d) Permit an employed person to engage in the practice
  304  of cosmetology or of a specialty unless such person holds a
  305  valid, active license as a cosmetologist or registration as a
  306  specialist.
  307         (d)(e) Obtain or attempt to obtain a license or
  308  registration for money, other than the required fee, or any
  309  other thing of value or by fraudulent misrepresentations.
  310         (e)(f) Use or attempt to use a license to practice
  311  cosmetology or a registration to practice a specialty, which
  312  license or registration is suspended or revoked.
  313         (f)(g) Advertise or imply that skin care services or body
  314  wrapping, as performed under this chapter, have any relationship
  315  to the practice of massage therapy as defined in s. 480.033(3),
  316  except those practices or activities defined in s. 477.013.
  317         (g)(h) In the practice of cosmetology, use or possess a
  318  cosmetic product containing a liquid nail monomer containing any
  319  trace of methyl methacrylate (MMA).
  320         Section 7. Subsection (1) of section 481.217, Florida
  321  Statutes, is amended to read:
  322         481.217 Inactive status.—
  323         (1) The board may prescribe by rule continuing education
  324  requirements as a condition of reactivating a license. The rules
  325  may not require more than one renewal cycle of continuing
  326  education in order to reactive requirements for reactivating a
  327  license for a registered architect or interior designer may not
  328  exceed 12 contact hours for each year the license was inactive.
  329  The minimum continuing education requirement for reactivating a
  330  license for a registered interior designer shall be those of the
  331  most recent biennium plus one-half of the requirements in s.
  332  481.215 for each year or part thereof during which the license
  333  was inactive. The board may shall only approve continuing
  334  education for an interior designer which that builds only upon
  335  the basic knowledge of interior design.
  336         Section 8. Subsection (1) of section 481.315, Florida
  337  Statutes, is amended to read:
  338         481.315 Inactive status.—
  339         (1) A license that has become inactive or delinquent may be
  340  reactivated under this section upon application to the
  341  department and payment of any applicable biennial renewal or
  342  delinquency fee, or both, and a reactivation fee. The board
  343  shall also require a licensee to complete one renewal cycle of
  344  continuing education requirements. The board may prescribe by
  345  rule continuing education requirements as a condition of
  346  reactivating the license. The continuing education requirements
  347  for reactivating a license may not exceed 12 classroom hours for
  348  each year the license was inactive.
  349         Section 9. Subsections (3) and (6) of section 489.116,
  350  Florida Statutes, are amended to read:
  351         489.116 Inactive and delinquent status; renewal and
  352  cancellation notices.—
  353         (3) An inactive status certificateholder or registrant may
  354  change to active status at any time, provided the
  355  certificateholder or registrant meets all requirements for
  356  active status, pays any additional licensure fees necessary to
  357  equal those imposed on an active status certificateholder or
  358  registrant, and pays any applicable late fees, and completes one
  359  renewal cycle of continuing education requirements.
  360         (6) An inactive certificateholder or registrant shall
  361  complete one renewal cycle of comply with the same continuing
  362  education requirements in order to reactive his or her
  363  certification or registration, if any, that are imposed on an
  364  active status certificateholder or registrant.
  365         Section 10. Subsection (1) of section 489.519, Florida
  366  Statutes, is amended to read:
  367         489.519 Inactive status.—
  368         (1) A certificate or registration that has become inactive
  369  may be reactivated under s. 489.517 upon application to the
  370  department. The licensee must complete one renewal cycle of
  371  continuing education requirements. The board may prescribe, by
  372  rule, continuing education requirements as a condition of
  373  reactivating a certificate or registration. The continuing
  374  education requirements for reactivating a certificate or
  375  registration may not exceed 12 classroom hours for each year the
  376  certificate or registration was inactive.
  377         Section 11. Effective July 1, 2014, paragraph (v) of
  378  subsection (1) of section 475.611, Florida Statutes, as amended
  379  by chapter 2010-84, Laws of Florida, is repealed.
  380         Section 12. Notwithstanding the amendment made by this act
  381  to section 10 of chapter 2010-84, Laws of Florida, effective
  382  upon this act becoming a law, paragraphs (b) and (c) of
  383  subsection (1) of section 475.626, Florida Statutes, as amended
  384  by chapter 2010-84, Laws of Florida, are repealed.
  385         Section 13. Subsection (14) of section 475.624, Florida
  386  Statutes, as amended by chapter 2010-84, Laws of Florida, is
  387  amended to read:
  388         475.624 Discipline of appraisers.—The board may deny an
  389  application for registration or certification of an appraiser;
  390  may investigate the actions of any appraiser registered,
  391  licensed, or certified under this part; may reprimand or impose
  392  an administrative fine not to exceed $5,000 for each count or
  393  separate offense against any such appraiser; and may revoke or
  394  suspend, for a period not to exceed 10 years, the registration,
  395  license, or certification of any such appraiser, or place any
  396  such appraiser on probation, if the board finds that the
  397  registered trainee, licensee, or certificateholder:
  398         (14) Has violated any standard of professional practice
  399  established by board rule, including standards for the
  400  development or communication of a real estate appraisal or other
  401  provision of the Uniform Standards of Professional Appraisal
  402  Practice.
  403         Section 14. Section 475.628, Florida Statutes, is amended
  404  to read:
  405         475.628 Professional standards for appraisers registered,
  406  licensed, or certified under this part.—The board shall adopt
  407  rules establishing standards of professional practice that meet
  408  or exceed nationally recognized standards of appraisal practice,
  409  including standards adopted by the Appraiser Standards Board of
  410  the Appraisal Foundation. Each appraiser registered, licensed,
  411  or certified under this part must shall comply with the rules
  412  Uniform Standards of Professional Appraisal Practice. Statements
  413  on appraisal standards which may be issued for the purpose of
  414  clarification, interpretation, explanation, or elaboration
  415  through the Appraisal Foundation shall also be binding on any
  416  appraiser registered, licensed, or certified under this part,
  417  upon adoption by board rule.
  418         Section 15. Subsection (7) of section 509.032, Florida
  419  Statutes, is amended to read:
  420         509.032 Duties.—
  421         (7) PREEMPTION AUTHORITY.—The regulation of public lodging
  422  establishments and public food service establishments,
  423  including, but not limited to, the inspection of public lodging
  424  establishments and public food service establishments for
  425  compliance with the sanitation standards, inspections, adopted
  426  under this section, and the regulation of food safety protection
  427  standards for required training and testing of food service
  428  establishment personnel, and matters related to the nutritional
  429  content and marketing of foods offered in such establishments
  430  are preempted to the state. This subsection does not preempt the
  431  authority of a local government or local enforcement district to
  432  conduct inspections of public lodging and public food service
  433  establishments for compliance with the Florida Building Code and
  434  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  435  633.022.
  436         Section 16. Subsection (1) of section 509.261, Florida
  437  Statutes, is amended to read:
  438         509.261 Revocation or suspension of licenses; fines;
  439  procedure.—
  440         (1) Any public lodging establishment or public food service
  441  establishment that has operated or is operating in violation of
  442  this chapter or the rules of the division, operating without a
  443  license, or operating with a suspended or revoked license may be
  444  subject by the division to:
  445         (a) Fines not to exceed $1,000 per offense;
  446         (b) Mandatory completion attendance, at personal expense,
  447  of a remedial at an educational program administered sponsored
  448  by a food safety training program provider whose program been
  449  approved by the division, as provided in s. 509.049 the
  450  Hospitality Education Program; and
  451         (c) The suspension, revocation, or refusal of a license
  452  issued pursuant to this chapter.
  453         Section 17. Effective upon this act becoming a law, section
  454  10 of chapter 2010-84, Laws of Florida, is amended to read:
  455         Section 10. This act shall take effect July 1, 2014 2011.
  456         Section 18. Section 473.3066, Florida Statutes, is created
  457  to read:
  458         473.3066 Peer review oversight committee.—
  459         (1) The board may establish a peer review oversight
  460  committee to oversee the peer review requirements of s.
  461  473.3125.
  462         (2) If the board establishes the peer review oversight
  463  committee, the board shall adopt rules providing for the
  464  qualifications, appointment, and terms of committee members as
  465  follows:
  466         (a) The peer review oversight committee shall be composed
  467  of five or fewer members appointed by the board.
  468         (b) Each committee member must hold a valid license as a
  469  Florida certified public accountant.
  470         (c) Each committee member or his or her firm must have
  471  undergone a peer review and received a review rating of “pass”
  472  on the most recent peer review.
  473         (d) A committee member may not be a member of any state
  474  accountancy board, be a member of another state accountancy
  475  board committee, or perform any enforcement-related work for a
  476  state accountancy board.
  477         (e) Committee members shall serve for terms not to exceed 3
  478  years, except that the board, to establish staggered terms, may
  479  appoint members to initial terms that are shorter than the terms
  480  adopted by rule. The board shall fill the vacancy of a committee
  481  member for the unexpired portion of the member’s term in the
  482  same manner as the original appointment.
  483         (f) Committee members shall serve without compensation and
  484  are not entitled to reimbursement of per diem or travel
  485  expenses.
  486         (3) The rules, if adopted, shall also provide for the
  487  duties of the peer review oversight committee, which may
  488  include, but need not be limited to:
  489         (a) Providing oversight for peer review programs and peer
  490  review administering organizations.
  491         (b) Periodically reporting to the board on the
  492  effectiveness of peer review programs and providing a list of
  493  licensees that participate in the programs.
  494         (c) Performing other duties relating to oversight of peer
  495  review programs.
  496         Section 19. Section 473.311, Florida Statutes, is amended
  497  to read:
  498         473.311 Renewal of license.—
  499         (1) The department shall renew a license issued under s.
  500  473.308 upon receipt of the renewal application and fee and upon
  501  certification by the board that the Florida certified public
  502  accountant has satisfactorily completed the continuing education
  503  requirements of s. 473.312.
  504         (2) Effective January 1, 2015, the department shall renew a
  505  license issued under s. 473.3101 upon certification by the board
  506  that the sole proprietor, partnership, corporation, limited
  507  liability company, or other firm engaged in the practice of
  508  public accounting as defined in s. 473.302(8)(a) has
  509  satisfactorily complied with the peer review requirements of s.
  510  473.3125 or that the board has extended the time to comply with
  511  the peer review requirements.
  512         (3)(2) The department shall adopt rules establishing a
  513  procedure for the biennial renewal of licenses issued under ss.
  514  473.308 and 473.3101.
  515         Section 20. Section 473.3125, Florida Statutes, is created
  516  to read:
  517         473.3125 Peer review.—
  518         (1) As used in this section, the term:
  519         (a) “Licensee” means a sole proprietor, partnership,
  520  corporation, limited liability company, or any other firm
  521  engaged in the practice of public accounting as defined in s.
  522  473.302(8)(a) which is required to be licensed under s.
  523  473.3101.
  524         (b) “Peer review” means the study, appraisal, or review by
  525  one or more independent certified public accountants of one or
  526  more aspects of the professional work of a licensee.
  527         (2)(a) Except as otherwise provided in paragraph (b) or
  528  paragraph (c), a licensee must:
  529         1. Enroll in the peer review program of a peer review
  530  administering organization approved by the board; and
  531         2. Undergo a complete peer review at least once every 3
  532  years, which is performed in the manner prescribed by this
  533  section and rules adopted by the board under this section and
  534  for which a peer review report is submitted to and accepted by
  535  the peer review administering organization.
  536         (b) A licensee is not required to enroll in a peer review
  537  program or undergo a peer review if the licensee does not engage
  538  in the practice of public accounting as defined in s.
  539  473.302(8)(a).
  540         (c) A licensee that is licensed for less than 18 months
  541  must enroll in a peer review program but is not required to
  542  undergo a peer review.
  543         (d) A licensee that receives a review rating of “fail” on
  544  two consecutive peer reviews must submit to the board any
  545  documentation requested by the board relating to the peer
  546  reviews for which the licensee received a review rating of
  547  “fail.”
  548         (3)(a) The board shall adopt rules establishing minimum
  549  standards for peer review programs, including, but not limited
  550  to, standards for administering, performing, and reporting peer
  551  reviews. The board shall also adopt rules establishing minimum
  552  criteria for the board’s approval of one or more peer review
  553  administering organizations to facilitate and administer peer
  554  review programs.
  555         (b) The rules shall require a peer review administering
  556  organization to submit to the board a written summary of the
  557  organization’s peer review program, including a description of
  558  its entire peer review process; the organization’s standards for
  559  administering, performing, and reporting peer reviews; oversight
  560  procedures; training requirements; and support materials.
  561         (c) The board may approve a peer review administering
  562  organization if:
  563         1. The organization meets or exceeds the board’s minimum
  564  criteria for the approval of peer review administering
  565  organizations.
  566         2. The organization’s peer review program meets or exceeds
  567  the board’s minimum standards for peer review programs.
  568         3. The organization demonstrates the ability to administer
  569  its peer review program in the manner described in its written
  570  summary and to comply with the board’s minimum standards for
  571  peer review programs.
  572         (d) The board may withdraw its approval of a peer review
  573  administering organization if the organization fails to comply
  574  with this section or rules adopted by the board under this
  575  section.
  576         (4) A certified public accountant or other person appointed
  577  or authorized to perform administrative services for a peer
  578  review administering organization is immune from civil liability
  579  for furnishing information, data, reports, or records to the
  580  peer review administering organization or for damages resulting
  581  from any decision, opinion, action, or proceeding that is
  582  rendered, entered, or acted upon by the peer review
  583  administering organization and that is undertaken or performed
  584  within the scope or function of the duties of the peer review
  585  administering organization.
  586         (5) The proceedings, records, and workpapers of a peer
  587  review administering organization are privileged, confidential,
  588  and not subject to discovery, subpoena, or other means of legal
  589  process or to introduction into evidence in a civil action or
  590  arbitration proceeding. A person who is involved in a peer
  591  review may not testify in a civil action or arbitration
  592  proceeding as to any matter produced, presented, disclosed, or
  593  discussed during or in connection with the peer review or as to
  594  any finding, recommendation, evaluation, opinion, or other
  595  action of the peer review administering organization. Public
  596  records and materials prepared for a particular engagement are
  597  not privileged merely because they were presented or considered
  598  as part of a peer review. This privilege does not apply to any
  599  dispute between a peer review administering organization and the
  600  licensee subject to a review arising from the performance of the
  601  peer review.
  602         Section 21. Section 473.323, Florida Statutes, is amended
  603  to read:
  604         473.323 Disciplinary proceedings.—
  605         (1) The following acts constitute grounds for which The
  606  disciplinary actions in subsection (3) may be taken against any
  607  certified public accountant or firm that:
  608         (a) Violates Violation of any provision of s. 455.227(1) or
  609  any other provision of this chapter.
  610         (b) Attempts Attempting to procure a license to practice
  611  public accounting by bribery or fraudulent misrepresentations.
  612         (c) Has Having a license to practice public accounting
  613  revoked, suspended, or otherwise acted against, including the
  614  denial of licensure, by the licensing authority of another
  615  state, territory, or country.
  616         (d) Is Being convicted or found guilty of, or enters
  617  entering a plea of nolo contendere to, regardless of
  618  adjudication, a crime in any jurisdiction which directly relates
  619  to the practice of public accounting or the ability to practice
  620  public accounting.
  621         (e) Makes Making or files filing a report or record that
  622  the certified public accountant or firm knows to be false,
  623  willfully fails failing to file a report or record required by
  624  state or federal law, willfully impedes impeding or obstructs
  625  obstructing such filing, or induces inducing another person to
  626  impede or obstruct such filing. Such reports or records include
  627  only those that are signed in the capacity of a certified public
  628  accountant.
  629         (f) Advertises Advertising goods or services in a manner
  630  that is fraudulent, false, deceptive, or misleading in form or
  631  content.
  632         (g) Commits Committing an act of fraud or deceit, or of
  633  negligence, incompetency, or misconduct, in the practice of
  634  public accounting.
  635         (h) Violates Violation of any rule adopted under pursuant
  636  to this chapter or chapter 455.
  637         (i) Practices public accounting using Practicing on a
  638  revoked, suspended, inactive, or delinquent license.
  639         (j) Has Suspension or revocation of the right to practice
  640  public accounting suspended or revoked by before any state or
  641  federal agency.
  642         (k) Performs Performance of any fraudulent act in any
  643  jurisdiction while holding a license to practice public
  644  accounting in this state or while using practice privileges in
  645  this state.
  646         (l) Fails Failing to maintain a good moral character as
  647  provided in s. 473.308 while applying for licensure, or while
  648  licensed in this state, or while using practice privileges under
  649  pursuant to s. 473.3141.
  650         (m) Fails Failing to provide any written disclosure to a
  651  client or the public which is required by this chapter or rule
  652  adopted by of the board.
  653         (n) Has Having the same or equivalent practice privileges
  654  of a Florida certified public accountant or firm revoked,
  655  suspended, or otherwise acted against by the licensing authority
  656  of another state, territory, or country as a result of activity
  657  in that jurisdiction which would have subjected the Florida
  658  certified public accountant or firm to discipline in this state.
  659  
  660  (2) The board shall specify, by rule, what acts or omissions
  661  constitute a violation of this subsection (1).
  662         (2) The disciplinary actions in subsection (3) may be taken
  663  against any licensed audit firm or public accounting firm
  664  licensed under s. 473.3101 engaged in the practice of public
  665  accounting as defined in s. 473.302(8)(a) which:
  666         (a) Fails to enroll in a peer review program or undergo a
  667  peer review as required under s. 473.3125; or
  668         (b) Engages in material noncooperation with a peer review
  669  administering organization approved by the board under s.
  670  473.3125.
  671         (3) When the board finds any certified public accountant or
  672  firm guilty of any of the grounds set forth in subsection (1),
  673  or finds any licensed audit firm or public accounting firm
  674  licensed under s. 473.3101 engaged in the practice of public
  675  accounting as defined in s. 473.302(8)(a) guilty of any of the
  676  grounds set forth in subsection (2), the board it may enter an
  677  order imposing one or more of the following penalties:
  678         (a) Denial of an application for licensure.
  679         (b) Revocation or suspension of the certified public
  680  accountant’s accountant or licensed audit firm’s or public
  681  accounting firm’s license or practice privileges in this state.
  682         (c) Imposition of an administrative fine not to exceed
  683  $5,000 for each count or separate offense.
  684         (d) Issuance of a reprimand.
  685         (e) Placement of the certified public accountant on
  686  probation for a period of time and subject to such conditions as
  687  the board may specify, including requiring the certified public
  688  accountant to attend continuing education courses or to work
  689  under the supervision of another certified public accountant
  690  licensee.
  691         (f) Restriction of the authorized scope of practice by the
  692  certified public accountant.
  693         (4) Upon The department shall reissue the license of a
  694  disciplined licensee upon certification by the board that a
  695  certified public accountant, licensed audit firm, or public
  696  accounting firm whose license was subject to discipline the
  697  disciplined licensee has complied with all of the terms and
  698  conditions set forth in the final order, the department shall
  699  reissue the license under s. 473.311.
  700         Section 22. Present subsection (4) of section 481.205,
  701  Florida Statutes, is renumbered as subsection (5), and a new
  702  subsection (4) is added to that section, to read:
  703         481.205 Board of Architecture and Interior Design.—
  704         (4) In addition to the authority granted in subsection (3),
  705  the board may contract for all other services pursuant to s.
  706  455.32.
  707         Section 23. Section 686.201, Florida Statutes, is repealed.
  708         Section 24. Paragraph (c) of subsection (5) of section
  709  373.461, Florida Statutes, is amended to read:
  710         373.461 Lake Apopka improvement and management.—
  711         (5) PURCHASE OF AGRICULTURAL LANDS.—
  712         (c) The district shall explore the availability of funding
  713  from all sources, including any federal, state, regional, and
  714  local land acquisition funding programs, to purchase the
  715  agricultural lands described in paragraph (a). It is the
  716  Legislature’s intent that, if such funding sources can be
  717  identified, acquisition of the lands described in paragraph (a)
  718  may be undertaken by the district to purchase these properties
  719  from willing sellers. However, the purchase price paid for
  720  acquisition of such lands that were in active cultivation during
  721  1996 shall not exceed the highest appraisal obtained by the
  722  district for these lands from a state-certified general
  723  appraiser following the standards of professional practice
  724  established by rule of the Florida Real Estate Appraisal Board,
  725  including standards for the development or communication of a
  726  real estate appraisal Uniform Standards of Professional
  727  Appraisal Practice. This maximum purchase price limitation shall
  728  not include, nor be applicable to, that portion of the purchase
  729  price attributable to consideration of income described in
  730  paragraph (b), or that portion attributable to related
  731  facilities, or closing costs.
  732         Section 25. Paragraph (t) of subsection (1) of section
  733  475.25, Florida Statutes, is amended to read:
  734         475.25 Discipline.—
  735         (1) The commission may deny an application for licensure,
  736  registration, or permit, or renewal thereof; may place a
  737  licensee, registrant, or permittee on probation; may suspend a
  738  license, registration, or permit for a period not exceeding 10
  739  years; may revoke a license, registration, or permit; may impose
  740  an administrative fine not to exceed $5,000 for each count or
  741  separate offense; and may issue a reprimand, and any or all of
  742  the foregoing, if it finds that the licensee, registrant,
  743  permittee, or applicant:
  744         (t) Has violated any standard of professional practice
  745  established by rule of the Florida Real Estate Appraisal Board,
  746  including standards for the development or communication of a
  747  real estate appraisal or other provision of the Uniform
  748  Standards of Professional Appraisal Practice, as defined in s.
  749  475.611, as approved and adopted by the Appraisal Standards
  750  Board of the Appraisal Foundation, as defined in s. 475.611.
  751  This paragraph does not apply to a real estate broker or sales
  752  associate who, in the ordinary course of business, performs a
  753  comparative market analysis, gives a broker price opinion, or
  754  gives an opinion of value of real estate. However, in no event
  755  may this comparative market analysis, broker price opinion, or
  756  opinion of value of real estate be referred to as an appraisal,
  757  as defined in s. 475.611.
  758         Section 26. Subsection (5) of section 475.615, Florida
  759  Statutes, is amended to read:
  760         475.615 Qualifications for registration or certification.—
  761         (5) At the time of filing an application for registration
  762  or certification, the applicant must sign a pledge indicating
  763  that upon becoming registered or certified, he or she will
  764  comply with the standards of professional practice established
  765  by board rule, including standards for the development or
  766  communication of a real estate appraisal, to comply with the
  767  Uniform Standards of Professional Appraisal Practice upon
  768  registration or certification and must indicate in writing that
  769  she or he understands the types of misconduct for which
  770  disciplinary proceedings may be initiated. The application shall
  771  expire 1 year after the date received by the department.
  772         Section 27. Subsections (1), (2), and (3) of section
  773  475.617, Florida Statutes, are amended to read:
  774         475.617 Education and experience requirements.—
  775         (1) To be registered as a trainee appraiser, an applicant
  776  must present evidence satisfactory to the board that she or he
  777  has successfully completed at least 100 hours of approved
  778  academic courses in subjects related to real estate appraisal,
  779  which shall include coverage of the Uniform Standards of
  780  Professional Appraisal Practice, or its equivalent, as
  781  established by board rule, from a nationally recognized or
  782  state-recognized appraisal organization, career center,
  783  accredited community college, college, or university, state or
  784  federal agency or commission, or proprietary real estate school
  785  that holds a permit pursuant to s. 475.451. The board may
  786  increase the required number of hours to not more than 125
  787  hours. A classroom hour is defined as 50 minutes out of each 60
  788  minute segment. Past courses may be approved on an hour-for-hour
  789  basis.
  790         (2) To be certified as a residential appraiser, an
  791  applicant must present satisfactory evidence to the board that
  792  she or he has met the minimum education and experience
  793  requirements prescribed by rule of the board. The board shall
  794  prescribe by rule education and experience requirements that
  795  meet or exceed the following real property appraiser
  796  qualification criteria adopted on February 20, 2004, by the
  797  Appraisal Qualifications Board of the Appraisal Foundation:
  798         (a) Has at least 2,500 hours of experience obtained over a
  799  24-month period in real property appraisal as defined by rule.
  800         (b) Has successfully completed at least 200 classroom
  801  hours, inclusive of examination, of approved academic courses in
  802  subjects related to real estate appraisal, which shall include a
  803  15-hour National Uniform Standards of Professional Appraisal
  804  Practice course, or its equivalent, as established by board
  805  rule, from a nationally recognized or state-recognized appraisal
  806  organization, career center, accredited community college,
  807  college, or university, state or federal agency or commission,
  808  or proprietary real estate school that holds a permit pursuant
  809  to s. 475.451. A classroom hour is defined as 50 minutes out of
  810  each 60-minute segment. Past courses may be approved by the
  811  board and substituted on an hour-for-hour basis.
  812         (3) To be certified as a general appraiser, an applicant
  813  must present evidence satisfactory to the board that she or he
  814  has met the minimum education and experience requirements
  815  prescribed by rule of the board. The board shall prescribe
  816  education and experience requirements that meet or exceed the
  817  following real property appraiser qualification criteria adopted
  818  on February 20, 2004, by the Appraisal Qualifications Board of
  819  the Appraisal Foundation:
  820         (a) Has at least 3,000 hours of experience obtained over a
  821  30-month period in real property appraisal as defined by rule.
  822         (b) Has successfully completed at least 300 classroom
  823  hours, inclusive of examination, of approved academic courses in
  824  subjects related to real estate appraisal, which shall include a
  825  15-hour National Uniform Standards of Professional Appraisal
  826  Practice course, or its equivalent, as established by board
  827  rule, from a nationally recognized or state-recognized appraisal
  828  organization, career center, accredited community college,
  829  college, or university, state or federal agency or commission,
  830  or proprietary real estate school that holds a permit pursuant
  831  to s. 475.451. A classroom hour is defined as 50 minutes out of
  832  each 60-minute segment. Past courses may be approved by the
  833  board and substituted on an hour-for-hour basis.
  834         Section 28. Subsection (1) of section 475.6175, Florida
  835  Statutes, is amended to read:
  836         475.6175 Registered trainee appraiser; postlicensure
  837  education required.—
  838         (1) The board shall prescribe postlicensure educational
  839  requirements in order for a person to maintain a valid
  840  registration as a registered trainee appraiser. If prescribed,
  841  the postlicensure educational requirements consist of one or
  842  more courses which total no more than the total educational
  843  hours required to qualify as a state certified residential
  844  appraiser. Such courses must be in subjects related to real
  845  estate appraisal and shall include coverage of the Uniform
  846  Standards of Professional Appraisal Practice, or its equivalent,
  847  as established by board rule. Such courses are provided by a
  848  nationally or state-recognized appraisal organization, career
  849  center, accredited community college, college, or university,
  850  state or federal agency or commission, or proprietary real
  851  estate school that holds a permit pursuant to s. 475.451.
  852         Section 29. Subsection (4) of section 475.6235, Florida
  853  Statutes, is amended to read:
  854         475.6235 Registration of appraisal management companies
  855  required.—
  856         (4) At the time of filing an application for registration
  857  of an appraisal management company, each person listed in
  858  paragraph (2)(f) must sign a pledge to comply with the standards
  859  of professional practice established by board rule, including
  860  standards for the development or communication of a real estate
  861  appraisal, Uniform Standards of Professional Appraisal Practice
  862  upon registration and must indicate in writing that she or he
  863  understands the types of misconduct for which disciplinary
  864  proceedings may be initiated. The application shall expire 1
  865  year after the date received by the department.
  866         Section 30. Paragraph (n) of subsection (1) of section
  867  475.6245, Florida Statutes, is amended to read:
  868         475.6245 Discipline of appraisal management companies.—
  869         (1) The board may deny an application for registration of
  870  an appraisal management company; may investigate the actions of
  871  any appraisal management company registered under this part; may
  872  reprimand or impose an administrative fine not to exceed $5,000
  873  for each count or separate offense against any such appraisal
  874  management company; and may revoke or suspend, for a period not
  875  to exceed 10 years, the registration of any such appraisal
  876  management company, or place any such appraisal management
  877  company on probation, if the board finds that the appraisal
  878  management company or any person listed in s. 475.6235(2)(f):
  879         (n) Has instructed an appraiser to violate any standard of
  880  professional practice established by board rule, including
  881  standards for the development or communication of a real estate
  882  appraisal or other provision of the Uniform Standards of
  883  Professional Appraisal Practice.
  884         Section 31. Except as otherwise expressly provided in this
  885  act and except for this section, which shall take effect upon
  886  this act becoming a law, this act shall take effect July 1,
  887  2011.