Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1824
                                Barcode 294240                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2011           .                                

       The Committee on Regulated Industries (Dean) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 51 - 348
    4  and insert:
    5  the purpose of identifying subjects who are under investigation
    6  for unlicensed activity pursuant to s. 455.228; to the
    7  Department of State pursuant to an interagency agreement to
    8  facilitate determinations of eligibility of voter registration
    9  applicants and registered voters in accordance with ss. 98.045
   10  and 98.075; to the Department of Revenue pursuant to an
   11  interagency agreement for use in establishing paternity and
   12  establishing, modifying, or enforcing support obligations in
   13  Title IV-D cases; to the Department of Children and Family
   14  Services pursuant to an interagency agreement to conduct
   15  protective investigations under part III of chapter 39 and
   16  chapter 415; to the Department of Children and Family Services
   17  pursuant to an interagency agreement specifying the number of
   18  employees in each of that department’s regions to be granted
   19  access to the records for use as verification of identity to
   20  expedite the determination of eligibility for public assistance
   21  and for use in public assistance fraud investigations; or to the
   22  Department of Financial Services pursuant to an interagency
   23  agreement to facilitate the location of owners of unclaimed
   24  property, the validation of unclaimed property claims, and the
   25  identification of fraudulent or false claims.
   26         Section 2. Subsection (12) is added to section 455.213,
   27  Florida Statutes, to read:
   28         455.213 General licensing provisions.—
   29         (12) The department may grant a fee waiver for a license
   30  renewal to a licensee on a case-by-case basis due to financial
   31  hardship or an error caused by the department.
   32         Section 3. Subsection (10) of section 455.271, Florida
   33  Statutes, is amended to read:
   34         455.271 Inactive and delinquent status.—
   35         (10) The board, or the department if there is no board,
   36  shall require Before reactivation, an inactive or delinquent
   37  licensee, except a licensee under chapter 473 or chapter 475, to
   38  complete one renewal cycle of shall meet the same continuing
   39  education in order to reactivate a license requirements, if any,
   40  imposed on an active status licensee for all biennial licensure
   41  periods in which the licensee was inactive or delinquent. This
   42  subsection does not apply to persons regulated under chapter
   43  473.
   44         Section 4. Subsection (1) of section 475.42, Florida
   45  Statutes, is amended to read:
   46         475.42 Violations and penalties.—
   47         (1) VIOLATIONS.—
   48         (a) A person may not operate as a broker or sales associate
   49  without being the holder of a valid and current active license
   50  therefor. Any person who violates this paragraph commits a
   51  felony of the third degree, punishable as provided in s. 775.082
   52  or s. 775.083, or, if a corporation, as provided in s. 775.083.
   53         (b) A person licensed as a sales associate may not operate
   54  as a broker or operate as a sales associate for any person not
   55  registered as her or his employer.
   56         (c) A broker may not employ, or continue in employment, any
   57  person as a sales associate who is not the holder of a valid and
   58  current license as sales associate; but a license as sales
   59  associate may be issued to a person licensed as an active
   60  broker, upon request and surrender of the license as broker,
   61  without a fee in addition to that paid for the issuance of the
   62  broker’s active license.
   63         (d) A sales associate may not collect any money in
   64  connection with any real estate brokerage transaction, whether
   65  as a commission, deposit, payment, rental, or otherwise, except
   66  in the name of the employer and with the express consent of the
   67  employer; and no real estate sales associate, whether the holder
   68  of a valid and current license or not, shall commence or
   69  maintain any action for a commission or compensation in
   70  connection with a real estate brokerage transaction against any
   71  person except a person registered as her or his employer at the
   72  time the sales associate performed the act or rendered the
   73  service for which the commission or compensation is due.
   74         (e) A person may not violate any lawful order or rule of
   75  the commission which is binding upon her or him.
   76         (e)(f) A person may not commit any conduct or practice set
   77  forth in s. 475.25(1)(b), (c), (d), or (g) (h).
   78         (f)(g) A person may not make any false affidavit or
   79  affirmation intended for use as evidence by or before the
   80  commission or a member thereof, or by any of its authorized
   81  representatives, nor may any person give false testimony under
   82  oath or affirmation to or before the commission or any member
   83  thereof in any proceeding authorized by this chapter.
   84         (g)(h) A person may not fail or refuse to appear at the
   85  time and place designated in a subpoena issued with respect to a
   86  violation of this chapter, unless because of facts that are
   87  sufficient to excuse appearance in response to a subpoena from
   88  the circuit court; nor may a person who is present before the
   89  commission or a member thereof or one of its authorized
   90  representatives acting under authority of this chapter refuse to
   91  be sworn or to affirm or fail or refuse to answer fully any
   92  question propounded by the commission, the member, or such
   93  representative, or by any person by the authority of such
   94  officer or appointee; nor may any person, so being present,
   95  conduct herself or himself in a disorderly, disrespectful, or
   96  contumacious manner.
   97         (h)(i) A person may not obstruct or hinder in any manner
   98  the enforcement of this chapter or the performance of any lawful
   99  duty by any person acting under the authority of this chapter or
  100  interfere with, intimidate, or offer any bribe to any member of
  101  the commission or any of its employees or any person who is, or
  102  is expected to be, a witness in any investigation or proceeding
  103  relating to a violation of this chapter.
  104         (i)(j) A broker or sales associate may not place, or cause
  105  to be placed, upon the public records of any county, any
  106  contract, assignment, deed, will, mortgage, affidavit, or other
  107  writing which purports to affect the title of, or encumber, any
  108  real property if the same is known to her or him to be false,
  109  void, or not authorized to be placed of record, or not executed
  110  in the form entitling it to be recorded, or the execution or
  111  recording whereof has not been authorized by the owner of the
  112  property, maliciously or for the purpose of collecting a
  113  commission, or to coerce the payment of money to the broker or
  114  sales associate or other person, or for any unlawful purpose.
  115  However, nothing in this paragraph shall be construed to
  116  prohibit a broker or a sales associate from recording a judgment
  117  rendered by a court of this state or to prohibit a broker from
  118  placing a lien on a property where expressly permitted by
  119  contractual agreement or otherwise allowed by law.
  120         (j)(k) A person may not operate as a broker under a trade
  121  name without causing the trade name to be noted in the records
  122  of the commission and placed on the person’s license, or so
  123  operate as a member of a partnership or as a corporation or as
  124  an officer or manager thereof, unless such partnership or
  125  corporation is the holder of a valid current registration.
  126         (k)(l) A person may not knowingly conceal any information
  127  relating to violations of this chapter.
  128         (l)(m) A person may not undertake to list or sell one or
  129  more timeshare periods per year in one or more timeshare plans
  130  on behalf of any number of persons without first being the
  131  holder of a valid and current license as a broker or sales
  132  associate pursuant to this chapter, except as provided in s.
  133  475.011 and chapter 721.
  134         (m)(n) A broker or sales associate may not enter into any
  135  listing or other agreement regarding her or his services in
  136  connection with the resale of a timeshare period unless the
  137  broker or sales associate fully and fairly discloses all
  138  material aspects of the agreement to the owner of the timeshare
  139  period. Further, a broker or sales associate may not use any
  140  form of contract or purchase and sale agreement in connection
  141  with the resale of a timeshare period unless the contract or
  142  purchase and sale agreement fully and fairly discloses all
  143  material aspects of the timeshare plan and the rights and
  144  obligations of both buyer and seller. The commission is
  145  authorized to adopt rules pursuant to chapter 120 as necessary
  146  to implement, enforce, and interpret this paragraph.
  147         (n)(o) A person may not disseminate or cause to be
  148  disseminated by any means any false or misleading information
  149  for the purpose of offering for sale, or for the purpose of
  150  causing or inducing any other person to purchase, lease, or
  151  rent, real estate located in the state or for the purpose of
  152  causing or inducing any other person to acquire an interest in
  153  the title to real estate located in the state.
  154         Section 5. Subsection (2) of section 477.0212, Florida
  155  Statutes, is amended to read:
  156         477.0212 Inactive status.—
  157         (2) The board shall promulgate rules relating to licenses
  158  which have become inactive and for the renewal of inactive
  159  licenses. The board shall prescribe by rule a fee not to exceed
  160  $50 for the reactivation of an inactive license and a fee not to
  161  exceed $50 for the renewal of an inactive license. The board
  162  shall also require a licensee to complete one renewal cycle of
  163  continuing education requirements.
  164         Section 6. Subsection (1) of section 477.0265, Florida
  165  Statutes, is amended to read:
  166         477.0265 Prohibited acts.—
  167         (1) It is unlawful for any person to:
  168         (a) Engage in the practice of cosmetology or a specialty
  169  without an active license as a cosmetologist or registration as
  170  a specialist issued by the department pursuant to the provisions
  171  of this chapter.
  172         (b) Own, operate, maintain, open, establish, conduct, or
  173  have charge of, either alone or with another person or persons,
  174  a cosmetology salon or specialty salon:
  175         1. Which is not licensed under the provisions of this
  176  chapter; or
  177         2. In which a person not licensed or registered as a
  178  cosmetologist or a specialist is permitted to perform
  179  cosmetology services or any specialty.
  180         (c) Engage in willful or repeated violations of this
  181  chapter or of any rule adopted by the board.
  182         (c)(d) Permit an employed person to engage in the practice
  183  of cosmetology or of a specialty unless such person holds a
  184  valid, active license as a cosmetologist or registration as a
  185  specialist.
  186         (d)(e) Obtain or attempt to obtain a license or
  187  registration for money, other than the required fee, or any
  188  other thing of value or by fraudulent misrepresentations.
  189         (e)(f) Use or attempt to use a license to practice
  190  cosmetology or a registration to practice a specialty, which
  191  license or registration is suspended or revoked.
  192         (f)(g) Advertise or imply that skin care services or body
  193  wrapping, as performed under this chapter, have any relationship
  194  to the practice of massage therapy as defined in s. 480.033(3),
  195  except those practices or activities defined in s. 477.013.
  196         (g)(h) In the practice of cosmetology, use or possess a
  197  cosmetic product containing a liquid nail monomer containing any
  198  trace of methyl methacrylate (MMA).
  199         Section 7. Subsection (1) of section 481.217, Florida
  200  Statutes, is amended to read:
  201         481.217 Inactive status.—
  202         (1) The board may prescribe by rule continuing education
  203  requirements as a condition of reactivating a license. The
  204  licensee must complete one renewal cycle of continuing education
  205  requirements in order to reactivate The continuing education
  206  requirements for reactivating a license for a registered
  207  architect may not exceed 12 contact hours for each year the
  208  license was inactive. The minimum continuing education
  209  requirement for reactivating a license for a registered interior
  210  designer shall be those of the most recent biennium plus one
  211  half of the requirements in s. 481.215 for each year or part
  212  thereof during which the license was inactive. The board shall
  213  only approve continuing education that builds only upon the
  214  basic knowledge of interior design.
  215         Section 8. Subsection (1) of section 481.315, Florida
  216  Statutes, is amended to read:
  217         481.315 Inactive status.—
  218         (1) A license that has become inactive or delinquent may be
  219  reactivated under this section upon application to the
  220  department and payment of any applicable biennial renewal or
  221  delinquency fee, or both, and a reactivation fee. The board
  222  shall also require a licensee to complete one renewal cycle of
  223  continuing education requirements. The board may prescribe by
  224  rule continuing education requirements as a condition of
  225  reactivating the license. The continuing education requirements
  226  for reactivating a license may not exceed 12 classroom hours for
  227  each year the license was inactive.
  228         Section 9. Subsections (3) and (6) of section 489.116,
  229  Florida Statutes, are amended to read:
  230         489.116 Inactive and delinquent status; renewal and
  231  cancellation notices.—
  232         (3) An inactive status certificateholder or registrant may
  233  change to active status at any time, provided the
  234  certificateholder or registrant meets all requirements for
  235  active status, pays any additional licensure fees necessary to
  236  equal those imposed on an active status certificateholder or
  237  registrant, and pays any applicable late fees, and completes one
  238  renewal cycle of continuing education requirements.
  239         (6) An inactive certificateholder or registrant shall
  240  complete one renewal cycle of comply with the same continuing
  241  education requirements in order to reactive his or her
  242  certification or registration, if any, that are imposed on an
  243  active status certificateholder or registrant.
  244         Section 10. Subsection (1) of section 489.519, Florida
  245  Statutes, is amended to read:
  246         489.519 Inactive status.—
  247         (1) A certificate or registration that has become inactive
  248  may be reactivated under s. 489.517 upon application to the
  249  department. The licensee must complete one renewal cycle of
  250  continuing education requirements. The board may prescribe, by
  251  rule, continuing education requirements as a condition of
  252  reactivating a certificate or registration. The continuing
  253  education requirements for reactivating a certificate or
  254  registration may not exceed 12 classroom hours for each year the
  255  certificate or registration was inactive.
  256         Section 11. Effective July 1, 2014, paragraph (v) of
  257  subsection (1) of section 475.611, Florida Statutes, as amended
  258  by chapter 2010-84, Laws of Florida, is repealed.
  259         Section 12. Notwithstanding the amendment made by this act
  260  to section 10 of chapter 2010-84, Laws of Florida, effective
  261  upon this act becoming a law, paragraphs (b) and (c) of
  262  subsection (1) of section 475.626, Florida Statutes, as amended
  263  by chapter 2010-84, Laws of Florida, are repealed.
  264         Section 13. Subsection (14) of section 475.624, Florida
  265  Statutes, as amended by chapter 2010-84, Laws of Florida, is
  266  amended to read:
  267         475.624 Discipline of appraisers.—The board may deny an
  268  application for registration or certification of an appraiser;
  269  may investigate the actions of any appraiser registered,
  270  licensed, or certified under this part; may reprimand or impose
  271  an administrative fine not to exceed $5,000 for each count or
  272  separate offense against any such appraiser; and may revoke or
  273  suspend, for a period not to exceed 10 years, the registration,
  274  license, or certification of any such appraiser, or place any
  275  such appraiser on probation, if the board finds that the
  276  registered trainee, licensee, or certificateholder:
  277         (14) Has violated any standard of professional practice,
  278  including standards for the development or communication of a
  279  real estate appraisal, as established by board rule or other
  280  provision of the Uniform Standards of Professional Appraisal
  281  Practice.
  282         Section 14. Section 475.628, Florida Statutes, is amended
  283  to read:
  284         475.628 Professional standards for appraisers registered,
  285  licensed, or certified under this part.—Each appraiser
  286  registered, licensed, or certified under this part shall comply
  287  with the standards of professional practice as established by
  288  board rules. The board shall adopt rules stating the standards
  289  of practice that meet or exceed nationally recognized standards
  290  of appraisal practice, including the professional standards of
  291  the Appraisal Foundation Uniform Standards of Professional
  292  Appraisal Practice. Statements on appraisal standards which may
  293  be issued for the purpose of clarification, interpretation,
  294  explanation, or elaboration through the Appraisal Foundation
  295  shall also be binding on any appraiser registered, licensed, or
  296  certified under this part, upon adoption by board rule.
  297         Section 15. Subsection (7) of section 509.032, Florida
  298  Statutes, is amended to read:
  299         509.032 Duties.—
  300         (7) PREEMPTION AUTHORITY.—The regulation of public lodging
  301  establishments and public food service establishments,
  302  including, but not limited to, the inspection of public lodging
  303  establishments and public food service establishments for
  304  compliance with the sanitation standards, inspections, adopted
  305  under this section, and the regulation of food safety protection
  306  standards for required training and testing of food service
  307  establishment personnel, and matters related to the nutritional
  308  content and marketing of foods offered in such establishments
  309  are preempted to the state. This subsection does not preempt the
  310  authority of a local government or local enforcement district to
  311  conduct inspections of public lodging and public food service
  312  establishments for compliance with the Florida Building Code and
  313  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  314  633.022.
  315         Section 16. Subsection (1) of section 509.261, Florida
  316  Statutes, is amended to read:
  317         509.261 Revocation or suspension of licenses; fines;
  318  procedure.—
  319         (1) Any public lodging establishment or public food service
  320  establishment that has operated or is operating in violation of
  321  this chapter or the rules of the division, operating without a
  322  license, or operating with a suspended or revoked license may be
  323  subject by the division to:
  324         (a) Fines not to exceed $1,000 per offense;
  325         (b) Mandatory completion attendance, at personal expense,
  326  of a remedial at an educational program administered sponsored
  327  by a food safety training program provider whose program been
  328  approved by the division, as provided in s. 509.049 the
  329  Hospitality Education Program; and
  330         (c) The suspension, revocation, or refusal of a license
  331  issued pursuant to this chapter.
  332         Section 17. Effective upon this act becoming a law, section
  333  10 of chapter 2010-84, Laws of Florida, is amended to read:
  334         Section 10. This act shall take effect July 1, 2014 2011.
  335         Section 18. Except as otherwise expressly provided in this
  336  act and except for this section, which shall take effect upon
  337  this act becoming a law, this act shall take effect July 1,
  338  2011.
  340  ================= T I T L E  A M E N D M E N T ================
  341         And the title is amended as follows:
  342         Delete lines 2 - 32
  343  and insert:
  344         An act relating to regulated professions and
  345         occupations; amending s. 322.142, F.S.; authorizing
  346         the Department of Highway Safety and Motor Vehicles to
  347         release certain digital images to the Department of
  348         Business and Professional Regulation to identify
  349         certain persons; amending s. 455.213, F.S.;
  350         authorizing the Department of Business and
  351         Professional Regulation to grant waivers of renewal
  352         fees under certain circumstances; amending s. 455.271,
  353         F.S.; revising continuing education requirements for
  354         certain license reactivations; amending s. 475.42,
  355         F.S.; revising violations and penalties for real
  356         estate professionals; amending s. 477.0212, F.S.;
  357         revising continuing education requirements for
  358         cosmetology license reactivations; amending s.
  359         477.0265, F.S.; revising prohibited acts for
  360         cosmetologists; amending s. 481.217, F.S.; revising
  361         continuing education requirements for license
  362         reactivation of architect or interior design licenses;
  363         amending s. 481.315, F.S.; revising continuing
  364         education requirements for landscape architect license
  365         reactivations; amending s. 489.116, F.S.; revising
  366         continuing education requirements for contractor
  367         license reactivations; amending s. 489.519, F.S.;
  368         revising continuing education requirements for
  369         electrical and alarm system contractor license
  370         reactivations; repealing s. 475.611(1)(v), F.S.,
  371         relating to Uniform Standards of Professional
  372         Appraisal Practice; repealing s. 475.626(1)(b) and
  373         (c), F.S., relating to violations and penalties
  374         against registered appraisers; amending s. 475.624,
  375         F.S.; establishing professional standards for
  376         appraisers by board rule; amending s. 475.628, F.S.;
  377         authorizing the board to adopt rules establishing
  378         standards of professional appraisal practice; amending
  379         s. 509.032, F.S.; clarifying provisions relating to
  380         the preemption to the state of the regulation of
  381         public lodging and public food service establishments;
  382         amending s. 509.261, F.S.; providing for remedial
  383         training in response to certain violations by public
  384         lodging and food service establishments; amending s.
  385         10, chapter 2010-84, Laws of Florida; delaying the
  386         effective date of provisions relating to the
  387         discipline of appraisal management companies;
  388         providing effective dates.