Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1252
       
       
       
       
       
       
                                Barcode 495654                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/05/2012           .                                
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       The Committee on Regulated Industries (Jones) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (12) is added to section 455.213,
    6  Florida Statutes, to read:
    7         455.213 General licensing provisions.—
    8         (12) The department shall waive the initial licensing fee,
    9  the initial application fee, and the initial unlicensed activity
   10  fee for a military veteran who applies to the department for a
   11  license, in a format prescribed by the department, within 24
   12  months after discharge from any branch of the United States
   13  Armed Forces. To qualify for this waiver, the veteran must have
   14  been honorably discharged.
   15         Section 2. Subsection (1) of section 455.2179, Florida
   16  Statutes, is amended to read:
   17         455.2179 Continuing education provider and course approval;
   18  cease and desist orders.—
   19         (1) If a board, or the department if there is no board,
   20  requires completion of continuing education as a requirement for
   21  renewal of a license, the board, or the department if there is
   22  no board, shall approve the providers and courses for of the
   23  continuing education. Notwithstanding this subsection or any
   24  other provision of law, the department may approve continuing
   25  education providers or courses even if there is a board. If the
   26  department determines that an application for a continuing
   27  education provider or course requires expert review or should be
   28  denied, the department shall forward the application to the
   29  appropriate board for review and approval or denial. The
   30  approval of continuing education providers and courses must be
   31  for a specified period of time, not to exceed 4 years. An
   32  approval that does not include such a time limitation may remain
   33  in effect pursuant to the applicable practice act or the rules
   34  adopted under the applicable practice act. Notwithstanding this
   35  subsection or any other provision of law, only the department
   36  may determine the contents of any documents submitted for
   37  approval of a continuing education provider or course.
   38         Section 3. Paragraph (b) of subsection (6) of section
   39  455.271, Florida Statutes, is amended to read:
   40         455.271 Inactive and delinquent status.—
   41         (6)
   42         (b) Notwithstanding the provisions of the professional
   43  practice acts administered by the department, the board, or the
   44  department if there is no board, may, at its discretion,
   45  reinstate the license of an individual whose license has become
   46  void if the board or department, as applicable, determines that
   47  the individual has made a good faith effort to comply with this
   48  section but has failed to comply because of illness or unusual
   49  economic hardship. The individual must apply to the board, or
   50  the department if there is no board, for reinstatement in a
   51  manner prescribed by rules of the board or the department, as
   52  applicable, and shall pay an applicable fee in an amount
   53  determined by rule. The board, or the department if there is no
   54  board, shall require that such individual meet all continuing
   55  education requirements prescribed by law, pay appropriate
   56  licensing fees, and otherwise be eligible for renewal of
   57  licensure under this chapter.
   58  
   59         This subsection does not apply to individuals subject to
   60  regulation under chapter 473.
   61         Section 4. Section 455.273, Florida Statutes, is amended to
   62  read:
   63         455.273 Renewal and cancellation notices.—
   64         (1) At least 90 days before the end of a licensure cycle,
   65  the department of Business and Professional Regulation shall:
   66         (1)(a) Forward a licensure renewal notification to an
   67  active or inactive licensee at the licensee’s last known address
   68  of record or e-mail address provided to with the department.
   69         (2)(b) Forward a notice of pending cancellation of
   70  licensure to a delinquent status licensee at the licensee’s last
   71  known address of record or e-mail address provided to with the
   72  department.
   73         (2) Each licensure renewal notification and each notice of
   74  pending cancellation of licensure must state conspicuously that
   75  a licensee who remains on inactive status for more than two
   76  consecutive biennial licensure cycles and who wishes to
   77  reactivate the license may be required to demonstrate the
   78  competency to resume active practice by sitting for a special
   79  purpose examination or by completing other reactivation
   80  requirements, as defined by rule of the board or the department
   81  when there is no board.
   82         Section 5. Subsections (1) and (2) of section 455.275,
   83  Florida Statutes, are amended to read:
   84         455.275 Address of record.—
   85         (1) Each licensee of the department is solely responsible
   86  for notifying the department in writing of the licensee’s
   87  current mailing address, e-mail-address, and place of practice,
   88  as defined by rule of the board or the department when there is
   89  no board. A licensee’s failure to notify the department of a
   90  change of address constitutes a violation of this section, and
   91  the licensee may be disciplined by the board or the department
   92  when there is no board.
   93         (2) Notwithstanding any other provision of law, service by
   94  regular mail or e-mail to a licensee’s last known mailing
   95  address or e-mail address of record with the department
   96  constitutes adequate and sufficient notice to the licensee for
   97  any official communication to the licensee by the board or the
   98  department except when other service is required pursuant to s.
   99  455.225.
  100         Section 6. Paragraph (c) of subsection (2) of section
  101  475.451, Florida Statutes, is amended, present subsections (4)
  102  through (8) are renumbered as subsections (5) through (9),
  103  respectively, and a new subsection (4) is added to that section,
  104  to read:
  105         475.451 Schools teaching real estate practice.—
  106         (2) An applicant for a permit to operate a proprietary real
  107  estate school, to be a chief administrator of a proprietary real
  108  estate school or a state institution, or to be an instructor for
  109  a proprietary real estate school or a state institution must
  110  meet the qualifications for practice set forth in s. 475.17(1)
  111  and the following minimal requirements:
  112         (c) “School instructor” means an individual who instructs
  113  persons in the classroom in noncredit college courses in a
  114  college, university, or community college or courses in a career
  115  center or proprietary real estate school.
  116         1. Before commencing to provide such instruction, the
  117  applicant must certify the applicant’s competency and obtain an
  118  instructor permit by meeting one of the following requirements:
  119         a. Hold a bachelor’s degree in a business-related subject,
  120  such as real estate, finance, accounting, business
  121  administration, or its equivalent and hold a valid broker’s
  122  license in this state.
  123         b. Hold a bachelor’s degree, have extensive real estate
  124  experience, as defined by rule, and hold a valid broker’s
  125  license in this state.
  126         c. Pass an instructor’s examination approved by the
  127  commission.
  128         2. Any requirement by the commission for a teaching
  129  demonstration or practical examination must apply to all school
  130  instructor applicants.
  131         3. The department shall renew an instructor permit upon
  132  receipt of a renewal application and fee. The renewal
  133  application shall include proof that the permitholder has, since
  134  the issuance or renewal of the current permit, successfully
  135  completed a minimum of 7 classroom or distance learning hours of
  136  instruction in real estate subjects or instructional techniques,
  137  as prescribed by the commission. The commission shall adopt
  138  rules providing for the renewal of instructor permits at least
  139  every 2 years. Any permit that which is not renewed at the end
  140  of the permit period established by the department shall
  141  automatically reverts revert to involuntarily inactive status.
  142  
  143         The department may require an applicant to submit names of
  144  persons having knowledge concerning the applicant and the
  145  enterprise; may propound interrogatories to such persons and to
  146  the applicant concerning the character of the applicant,
  147  including the taking of fingerprints for processing through the
  148  Federal Bureau of Investigation; and shall make such
  149  investigation of the applicant or the school or institution as
  150  it may deem necessary to the granting of the permit. If an
  151  objection is filed, it shall be considered in the same manner as
  152  objections or administrative complaints against other applicants
  153  for licensure by the department.
  154         (4) A real estate school may offer any course through
  155  distance learning if the course complies with s. 475.17(2).
  156         Section 7. Paragraphs (c) and (d) of subsection (1) of
  157  section 475.611, Florida Statutes, are amended to read:
  158         475.611 Definitions.—
  159         (1) As used in this part, the term:
  160         (c) “Appraisal management company” means a person who
  161  performs appraisal management services regardless of the use of
  162  the term “appraisal management company,” “appraiser
  163  cooperative,” “appraiser portal,” “mortgage technology company,”
  164  or other term.
  165         (d) “Appraisal management services” means the coordination
  166  or management of appraisal services for compensation by:
  167         1. Employing, contracting with, or otherwise retaining one
  168  or more licensed or certified appraisers to perform appraisal
  169  services for a client; or
  170         2. Acting as a broker or intermediary between a client and
  171  one or more licensed or certified appraisers to facilitate the
  172  client’s employing, contracting with, or otherwise retaining the
  173  appraisers.
  174         Section 8. Subsection (4) of section 475.6171, Florida
  175  Statutes, is amended to read:
  176         475.6171 Issuance of registration or certification.—The
  177  registration or certification of an applicant may be issued upon
  178  receipt by the board of the following:
  179         (4) If required, proof of passing a written examination as
  180  specified in s. 475.616. No certification shall be issued based
  181  upon any examination results obtained more than 24 months after
  182  the date of examination.
  183         Section 9. Subsection (1) of section 475.6235, Florida
  184  Statutes, is amended, and subsection (9) is added to that
  185  section, to read:
  186         475.6235 Registration of appraisal management companies
  187  required; exemptions.—
  188         (1) A person may not engage, or offer to engage, in
  189  appraisal management services for compensation in this state or,
  190  advertise or represent herself or himself as an appraisal
  191  management company, or use the titles “appraisal management
  192  company,” “appraiser cooperative,” “appraiser portal,” or
  193  “mortgage technology company,” or any abbreviation or words to
  194  that effect, unless the person is registered with the department
  195  as an appraisal management company under this section. However,
  196  an employee of an appraisal management company is not required
  197  to obtain a separate registration.
  198         (9) This section does not apply to any bank, credit union,
  199  or other lending institution that owns and operates an internal
  200  appraisal office, business unit, or department.
  201         Section 10. Paragraph (v) is added to subsection (1) of
  202  section 475.6245, Florida Statutes, to read:
  203         475.6245 Discipline of appraisal management companies.—
  204         (1) The board may deny an application for registration of
  205  an appraisal management company; may investigate the actions of
  206  any appraisal management company registered under this part; may
  207  reprimand or impose an administrative fine not to exceed $5,000
  208  for each count or separate offense against any such appraisal
  209  management company; and may revoke or suspend, for a period not
  210  to exceed 10 years, the registration of any such appraisal
  211  management company, or place any such appraisal management
  212  company on probation, if the board finds that the appraisal
  213  management company or any person listed in s. 475.6235(2)(f):
  214         (v) Has required or attempted to require an appraiser to
  215  sign any indemnification agreement that would require the
  216  appraiser to hold harmless the appraisal management company or
  217  its owners, agents, employees, or independent contractors from
  218  any liability, damage, loss, or claim arising from the services
  219  performed by the appraisal management company or its owners,
  220  agents, employees, or independent contractors and not the
  221  services performed by the appraiser.
  222         Section 11. Subsection (2) of section 476.188, Florida
  223  Statutes, is amended to read:
  224         476.188 Barber services to be performed in registered
  225  barbershop; exception.—
  226         (2) Pursuant to rules established by the board, barber
  227  services may be performed by a licensed barber in a location
  228  other than a registered barbershop, including, but not limited
  229  to, a nursing home, hospital, place of employment, or residence,
  230  when a client for reasons of ill health is unable to go to a
  231  registered barbershop. Arrangements for the performance of
  232  barber services in a location other than a registered barbershop
  233  shall be made only through a registered barbershop.
  234         Section 12. Subsection (7) is added to section 477.0135,
  235  Florida Statutes, to read:
  236         477.0135 Exemptions.—
  237         (7) A license is not required of any individual providing
  238  makeup services to the general public.
  239         Section 13. Subsection (6) of section 477.019, Florida
  240  Statutes, is amended to read:
  241         477.019 Cosmetologists; qualifications; licensure;
  242  supervised practice; license renewal; endorsement; continuing
  243  education.—
  244         (6) The board shall adopt rules specifying procedures for
  245  the licensure by endorsement of practitioners desiring to be
  246  licensed in this state who hold a current active license in
  247  another state and who have met qualifications substantially
  248  similar to, equivalent to, or greater than the qualifications
  249  required of applicants from this state. For purposes of
  250  qualifying for licensure by endorsement under this subsection,
  251  work experience may be substituted for required educational
  252  hours in the amount and manner provided by board rule.
  253         Section 14. Subsection (4) is added to section 477.0263,
  254  Florida Statutes, to read:
  255         477.0263 Cosmetology services to be performed in licensed
  256  salon; exceptions exception.—
  257         (4) Pursuant to rules adopted by the board, any cosmetology
  258  or specialty service may be performed in a location other than a
  259  licensed salon when the service is performed in connection with
  260  a special event and is performed by a person who is employed by
  261  a licensed salon and who holds the proper license or specialty
  262  registration. An appointment for the performance of any such
  263  service in a location other than a licensed salon must be made
  264  through a licensed salon.
  265         Section 15. Section 489.118, Florida Statutes, is reenacted
  266  and amended to read:
  267         489.118 Certification of registered contractors;
  268  grandfathering provisions.—The board shall, upon receipt of a
  269  completed application and appropriate fee, issue a certificate
  270  in the appropriate category to any contractor registered under
  271  this part who makes application to the board and can show that
  272  he or she meets each of the following requirements:
  273         (1) Currently holds a valid registered local license in one
  274  of the contractor categories defined in s. 489.105(3)(a)-(p).
  275         (2) Has, for that category, passed a written examination
  276  that the board finds to be substantially similar to the
  277  examination required to be licensed as a certified contractor
  278  under this part. For purposes of this subsection, a written,
  279  proctored examination such as that produced by the National
  280  Assessment Institute, Block and Associates, NAI/Block, Experior
  281  Assessments, Professional Testing, Inc., or Assessment Systems,
  282  Inc., shall be considered to be substantially similar to the
  283  examination required to be licensed as a certified contractor.
  284  The board may not impose or make any requirements regarding the
  285  nature or content of these cited examinations.
  286         (3) Has at least 5 years of experience as a contractor in
  287  that contracting category, or as an inspector or building
  288  administrator with oversight over that category, at the time of
  289  application. For contractors, only time periods in which the
  290  contractor license is active and the contractor is not on
  291  probation shall count toward the 5 years required by this
  292  subsection.
  293         (4) Has not had his or her contractor’s license revoked at
  294  any time, had his or her contractor’s license suspended within
  295  the last 5 years, or been assessed a fine in excess of $500
  296  within the last 5 years.
  297         (5) Is in compliance with the insurance and financial
  298  responsibility requirements in s. 489.115(5).
  299  
  300         Applicants wishing to obtain a certificate pursuant to this
  301  section must make application by November 1, 2014 2005.
  302         Section 16. This act shall take effect October 1, 2012.
  303  
  304  
  305  ================= T I T L E  A M E N D M E N T ================
  306         And the title is amended as follows:
  307         Delete everything before the enacting clause
  308  and insert:
  309                        A bill to be entitled                      
  310         An act relating to business and professional
  311         regulation; amending s. 455.271, F.S.; limiting to the
  312         department the authority to reinstate a license that
  313         has become void under certain circumstances; amending
  314         s. 455.273, F.S.; revising the method of license
  315         renewal notification or notice of pending cancellation
  316         of licensure to include an e-mail address; deleting a
  317         requirement that a licensure renewal notification and
  318         a notice of cancellation of licensure include certain
  319         information regarding the applicant; amending s.
  320         455.275, F.S.; revising a provision relating to
  321         maintenance of current address-of-record information
  322         to include e-mail address; revising a provision
  323         relating to notice to a licensee to allow service of
  324         process by e-mail; amending s. 475.451, F.S.;
  325         authorizing distance learning courses as an acceptable
  326         alternative to classroom instruction for renewal of a
  327         real estate instructor permit; providing that distance
  328         learning courses are under the discretion of the
  329         school offering the real estate course; requiring
  330         distance learning courses to adhere to certain
  331         requirements; amending s. 475.611, F.S.; revising the
  332         definition of the terms “appraisal management company”
  333         and “appraisal management services”; amending s.
  334         475.6171, F.S.; revising requirements for the issuance
  335         of registration or certification upon receipt of
  336         proper documentation; amending s. 475.6235, F.S.;
  337         revising provisions relating to titles an appraisal
  338         management company must be registered to use;
  339         providing exemptions from registration requirements;
  340         amending s. 475.6245, F.S.; providing additional
  341         grounds for discipline of appraisal management
  342         companies, to which penalties apply; amending s.
  343         476.188, F.S.; revising the list of locations for the
  344         performance of barber services not in a registered
  345         barbershop; amending s. 477.0135, F.S.; exempting from
  346         cosmetology licensure individuals who perform makeup
  347         services to the general public; amending s. 477.019,
  348         F.S.; revising procedures for cosmetology licensure by
  349         endorsement to authorize work experience as a
  350         substitute for educational hours; amending s.
  351         477.0263, F.S.; authorizing the performance of
  352         cosmetology and specialty services in a location other
  353         than a licensed salon under certain circumstances;
  354         reenacting and amending s. 489.118, F.S.; reviving
  355         grandfathering provisions and establishing a new
  356         deadline for applications for certification of certain
  357         registered contractors; providing an effective date.