Florida Senate - 2011                             CS for SB 1824
       By the Committee on Regulated Industries; and Senator Hays
       580-03318-11                                          20111824c1
    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;
   46         providing effective dates.
   48  Be It Enacted by the Legislature of the State of Florida:
   50         Section 1. Subsection (4) of section 322.142, Florida
   51  Statutes, is amended to read:
   52         322.142 Color photographic or digital imaged licenses.—
   53         (4) The department may maintain a film negative or print
   54  file. The department shall maintain a record of the digital
   55  image and signature of the licensees, together with other data
   56  required by the department for identification and retrieval.
   57  Reproductions from the file or digital record are exempt from
   58  the provisions of s. 119.07(1) and shall be made and issued only
   59  for departmental administrative purposes; for the issuance of
   60  duplicate licenses; in response to law enforcement agency
   61  requests; to the Department of Business and Professional
   62  Regulation pursuant to an interagency agreement for the purpose
   63  of accessing digital images for reproduction of licenses issued
   64  by the Department of Business and Professional Regulation or for
   65  the purpose of identifying subjects who are under investigation
   66  for unlicensed activity pursuant to s. 455.228; to the
   67  Department of State pursuant to an interagency agreement to
   68  facilitate determinations of eligibility of voter registration
   69  applicants and registered voters in accordance with ss. 98.045
   70  and 98.075; to the Department of Revenue pursuant to an
   71  interagency agreement for use in establishing paternity and
   72  establishing, modifying, or enforcing support obligations in
   73  Title IV-D cases; to the Department of Children and Family
   74  Services pursuant to an interagency agreement to conduct
   75  protective investigations under part III of chapter 39 and
   76  chapter 415; to the Department of Children and Family Services
   77  pursuant to an interagency agreement specifying the number of
   78  employees in each of that department’s regions to be granted
   79  access to the records for use as verification of identity to
   80  expedite the determination of eligibility for public assistance
   81  and for use in public assistance fraud investigations; or to the
   82  Department of Financial Services pursuant to an interagency
   83  agreement to facilitate the location of owners of unclaimed
   84  property, the validation of unclaimed property claims, and the
   85  identification of fraudulent or false claims.
   86         Section 2. Subsection (12) is added to section 455.213,
   87  Florida Statutes, to read:
   88         455.213 General licensing provisions.—
   89         (12) The department may grant a fee waiver for a license
   90  renewal to a licensee on a case-by-case basis due to financial
   91  hardship or an error caused by the department.
   92         Section 3. Subsection (10) of section 455.271, Florida
   93  Statutes, is amended to read:
   94         455.271 Inactive and delinquent status.—
   95         (10) The board, or the department if there is no board,
   96  shall require Before reactivation, an inactive or delinquent
   97  licensee, except a licensee under chapter 473 or chapter 475, to
   98  complete one renewal cycle of shall meet the same continuing
   99  education in order to reactivate a license requirements, if any,
  100  imposed on an active status licensee for all biennial licensure
  101  periods in which the licensee was inactive or delinquent. This
  102  subsection does not apply to persons regulated under chapter
  103  473.
  104         Section 4. Subsection (1) of section 475.42, Florida
  105  Statutes, is amended to read:
  106         475.42 Violations and penalties.—
  107         (1) VIOLATIONS.—
  108         (a) A person may not operate as a broker or sales associate
  109  without being the holder of a valid and current active license
  110  therefor. Any person who violates this paragraph commits a
  111  felony of the third degree, punishable as provided in s. 775.082
  112  or s. 775.083, or, if a corporation, as provided in s. 775.083.
  113         (b) A person licensed as a sales associate may not operate
  114  as a broker or operate as a sales associate for any person not
  115  registered as her or his employer.
  116         (c) A broker may not employ, or continue in employment, any
  117  person as a sales associate who is not the holder of a valid and
  118  current license as sales associate; but a license as sales
  119  associate may be issued to a person licensed as an active
  120  broker, upon request and surrender of the license as broker,
  121  without a fee in addition to that paid for the issuance of the
  122  broker’s active license.
  123         (d) A sales associate may not collect any money in
  124  connection with any real estate brokerage transaction, whether
  125  as a commission, deposit, payment, rental, or otherwise, except
  126  in the name of the employer and with the express consent of the
  127  employer; and no real estate sales associate, whether the holder
  128  of a valid and current license or not, shall commence or
  129  maintain any action for a commission or compensation in
  130  connection with a real estate brokerage transaction against any
  131  person except a person registered as her or his employer at the
  132  time the sales associate performed the act or rendered the
  133  service for which the commission or compensation is due.
  134         (e) A person may not violate any lawful order or rule of
  135  the commission which is binding upon her or him.
  136         (e)(f) A person may not commit any conduct or practice set
  137  forth in s. 475.25(1)(b), (c), (d), or (g) (h).
  138         (f)(g) A person may not make any false affidavit or
  139  affirmation intended for use as evidence by or before the
  140  commission or a member thereof, or by any of its authorized
  141  representatives, nor may any person give false testimony under
  142  oath or affirmation to or before the commission or any member
  143  thereof in any proceeding authorized by this chapter.
  144         (g)(h) A person may not fail or refuse to appear at the
  145  time and place designated in a subpoena issued with respect to a
  146  violation of this chapter, unless because of facts that are
  147  sufficient to excuse appearance in response to a subpoena from
  148  the circuit court; nor may a person who is present before the
  149  commission or a member thereof or one of its authorized
  150  representatives acting under authority of this chapter refuse to
  151  be sworn or to affirm or fail or refuse to answer fully any
  152  question propounded by the commission, the member, or such
  153  representative, or by any person by the authority of such
  154  officer or appointee; nor may any person, so being present,
  155  conduct herself or himself in a disorderly, disrespectful, or
  156  contumacious manner.
  157         (h)(i) A person may not obstruct or hinder in any manner
  158  the enforcement of this chapter or the performance of any lawful
  159  duty by any person acting under the authority of this chapter or
  160  interfere with, intimidate, or offer any bribe to any member of
  161  the commission or any of its employees or any person who is, or
  162  is expected to be, a witness in any investigation or proceeding
  163  relating to a violation of this chapter.
  164         (i)(j) A broker or sales associate may not place, or cause
  165  to be placed, upon the public records of any county, any
  166  contract, assignment, deed, will, mortgage, affidavit, or other
  167  writing which purports to affect the title of, or encumber, any
  168  real property if the same is known to her or him to be false,
  169  void, or not authorized to be placed of record, or not executed
  170  in the form entitling it to be recorded, or the execution or
  171  recording whereof has not been authorized by the owner of the
  172  property, maliciously or for the purpose of collecting a
  173  commission, or to coerce the payment of money to the broker or
  174  sales associate or other person, or for any unlawful purpose.
  175  However, nothing in this paragraph shall be construed to
  176  prohibit a broker or a sales associate from recording a judgment
  177  rendered by a court of this state or to prohibit a broker from
  178  placing a lien on a property where expressly permitted by
  179  contractual agreement or otherwise allowed by law.
  180         (j)(k) A person may not operate as a broker under a trade
  181  name without causing the trade name to be noted in the records
  182  of the commission and placed on the person’s license, or so
  183  operate as a member of a partnership or as a corporation or as
  184  an officer or manager thereof, unless such partnership or
  185  corporation is the holder of a valid current registration.
  186         (k)(l) A person may not knowingly conceal any information
  187  relating to violations of this chapter.
  188         (l)(m) A person may not undertake to list or sell one or
  189  more timeshare periods per year in one or more timeshare plans
  190  on behalf of any number of persons without first being the
  191  holder of a valid and current license as a broker or sales
  192  associate pursuant to this chapter, except as provided in s.
  193  475.011 and chapter 721.
  194         (m)(n) A broker or sales associate may not enter into any
  195  listing or other agreement regarding her or his services in
  196  connection with the resale of a timeshare period unless the
  197  broker or sales associate fully and fairly discloses all
  198  material aspects of the agreement to the owner of the timeshare
  199  period. Further, a broker or sales associate may not use any
  200  form of contract or purchase and sale agreement in connection
  201  with the resale of a timeshare period unless the contract or
  202  purchase and sale agreement fully and fairly discloses all
  203  material aspects of the timeshare plan and the rights and
  204  obligations of both buyer and seller. The commission is
  205  authorized to adopt rules pursuant to chapter 120 as necessary
  206  to implement, enforce, and interpret this paragraph.
  207         (n)(o) A person may not disseminate or cause to be
  208  disseminated by any means any false or misleading information
  209  for the purpose of offering for sale, or for the purpose of
  210  causing or inducing any other person to purchase, lease, or
  211  rent, real estate located in the state or for the purpose of
  212  causing or inducing any other person to acquire an interest in
  213  the title to real estate located in the state.
  214         Section 5. Subsection (2) of section 477.0212, Florida
  215  Statutes, is amended to read:
  216         477.0212 Inactive status.—
  217         (2) The board shall promulgate rules relating to licenses
  218  which have become inactive and for the renewal of inactive
  219  licenses. The board shall prescribe by rule a fee not to exceed
  220  $50 for the reactivation of an inactive license and a fee not to
  221  exceed $50 for the renewal of an inactive license. The board
  222  shall also require a licensee to complete one renewal cycle of
  223  continuing education requirements.
  224         Section 6. Subsection (1) of section 477.0265, Florida
  225  Statutes, is amended to read:
  226         477.0265 Prohibited acts.—
  227         (1) It is unlawful for any person to:
  228         (a) Engage in the practice of cosmetology or a specialty
  229  without an active license as a cosmetologist or registration as
  230  a specialist issued by the department pursuant to the provisions
  231  of this chapter.
  232         (b) Own, operate, maintain, open, establish, conduct, or
  233  have charge of, either alone or with another person or persons,
  234  a cosmetology salon or specialty salon:
  235         1. Which is not licensed under the provisions of this
  236  chapter; or
  237         2. In which a person not licensed or registered as a
  238  cosmetologist or a specialist is permitted to perform
  239  cosmetology services or any specialty.
  240         (c) Engage in willful or repeated violations of this
  241  chapter or of any rule adopted by the board.
  242         (c)(d) Permit an employed person to engage in the practice
  243  of cosmetology or of a specialty unless such person holds a
  244  valid, active license as a cosmetologist or registration as a
  245  specialist.
  246         (d)(e) Obtain or attempt to obtain a license or
  247  registration for money, other than the required fee, or any
  248  other thing of value or by fraudulent misrepresentations.
  249         (e)(f) Use or attempt to use a license to practice
  250  cosmetology or a registration to practice a specialty, which
  251  license or registration is suspended or revoked.
  252         (f)(g) Advertise or imply that skin care services or body
  253  wrapping, as performed under this chapter, have any relationship
  254  to the practice of massage therapy as defined in s. 480.033(3),
  255  except those practices or activities defined in s. 477.013.
  256         (g)(h) In the practice of cosmetology, use or possess a
  257  cosmetic product containing a liquid nail monomer containing any
  258  trace of methyl methacrylate (MMA).
  259         Section 7. Subsection (1) of section 481.217, Florida
  260  Statutes, is amended to read:
  261         481.217 Inactive status.—
  262         (1) The board may prescribe by rule continuing education
  263  requirements as a condition of reactivating a license. The rules
  264  may not require more than one renewal cycle of continuing
  265  education in order to reactive requirements for reactivating a
  266  license for a registered architect or interior designer may not
  267  exceed 12 contact hours for each year the license was inactive.
  268  The minimum continuing education requirement for reactivating a
  269  license for a registered interior designer shall be those of the
  270  most recent biennium plus one-half of the requirements in s.
  271  481.215 for each year or part thereof during which the license
  272  was inactive. The board may shall only approve continuing
  273  education for an interior designer which that builds only upon
  274  the basic knowledge of interior design.
  275         Section 8. Subsection (1) of section 481.315, Florida
  276  Statutes, is amended to read:
  277         481.315 Inactive status.—
  278         (1) A license that has become inactive or delinquent may be
  279  reactivated under this section upon application to the
  280  department and payment of any applicable biennial renewal or
  281  delinquency fee, or both, and a reactivation fee. The board
  282  shall also require a licensee to complete one renewal cycle of
  283  continuing education requirements. The board may prescribe by
  284  rule continuing education requirements as a condition of
  285  reactivating the license. The continuing education requirements
  286  for reactivating a license may not exceed 12 classroom hours for
  287  each year the license was inactive.
  288         Section 9. Subsections (3) and (6) of section 489.116,
  289  Florida Statutes, are amended to read:
  290         489.116 Inactive and delinquent status; renewal and
  291  cancellation notices.—
  292         (3) An inactive status certificateholder or registrant may
  293  change to active status at any time, provided the
  294  certificateholder or registrant meets all requirements for
  295  active status, pays any additional licensure fees necessary to
  296  equal those imposed on an active status certificateholder or
  297  registrant, and pays any applicable late fees, and completes one
  298  renewal cycle of continuing education requirements.
  299         (6) An inactive certificateholder or registrant shall
  300  complete one renewal cycle of comply with the same continuing
  301  education requirements in order to reactive his or her
  302  certification or registration, if any, that are imposed on an
  303  active status certificateholder or registrant.
  304         Section 10. Subsection (1) of section 489.519, Florida
  305  Statutes, is amended to read:
  306         489.519 Inactive status.—
  307         (1) A certificate or registration that has become inactive
  308  may be reactivated under s. 489.517 upon application to the
  309  department. The licensee must complete one renewal cycle of
  310  continuing education requirements. The board may prescribe, by
  311  rule, continuing education requirements as a condition of
  312  reactivating a certificate or registration. The continuing
  313  education requirements for reactivating a certificate or
  314  registration may not exceed 12 classroom hours for each year the
  315  certificate or registration was inactive.
  316         Section 11. Effective July 1, 2014, paragraph (v) of
  317  subsection (1) of section 475.611, Florida Statutes, as amended
  318  by chapter 2010-84, Laws of Florida, is repealed.
  319         Section 12. Notwithstanding the amendment made by this act
  320  to section 10 of chapter 2010-84, Laws of Florida, effective
  321  upon this act becoming a law, paragraphs (b) and (c) of
  322  subsection (1) of section 475.626, Florida Statutes, as amended
  323  by chapter 2010-84, Laws of Florida, are repealed.
  324         Section 13. Subsection (14) of section 475.624, Florida
  325  Statutes, as amended by chapter 2010-84, Laws of Florida, is
  326  amended to read:
  327         475.624 Discipline of appraisers.—The board may deny an
  328  application for registration or certification of an appraiser;
  329  may investigate the actions of any appraiser registered,
  330  licensed, or certified under this part; may reprimand or impose
  331  an administrative fine not to exceed $5,000 for each count or
  332  separate offense against any such appraiser; and may revoke or
  333  suspend, for a period not to exceed 10 years, the registration,
  334  license, or certification of any such appraiser, or place any
  335  such appraiser on probation, if the board finds that the
  336  registered trainee, licensee, or certificateholder:
  337         (14) Has violated any standard of professional practice,
  338  including standards for the development or communication of a
  339  real estate appraisal, as established by board rule or other
  340  provision of the Uniform Standards of Professional Appraisal
  341  Practice.
  342         Section 14. Section 475.628, Florida Statutes, is amended
  343  to read:
  344         475.628 Professional standards for appraisers registered,
  345  licensed, or certified under this part.—Each appraiser
  346  registered, licensed, or certified under this part shall comply
  347  with the standards of professional practice as established by
  348  board rules. The board shall adopt rules stating the standards
  349  of practice that meet or exceed nationally recognized standards
  350  of appraisal practice, including the professional standards of
  351  the Appraisal Foundation Uniform Standards of Professional
  352  Appraisal Practice. Statements on appraisal standards which may
  353  be issued for the purpose of clarification, interpretation,
  354  explanation, or elaboration through the Appraisal Foundation
  355  shall also be binding on any appraiser registered, licensed, or
  356  certified under this part, upon adoption by board rule.
  357         Section 15. Subsection (7) of section 509.032, Florida
  358  Statutes, is amended to read:
  359         509.032 Duties.—
  360         (7) PREEMPTION AUTHORITY.—The regulation of public lodging
  361  establishments and public food service establishments,
  362  including, but not limited to, the inspection of public lodging
  363  establishments and public food service establishments for
  364  compliance with the sanitation standards, inspections, adopted
  365  under this section, and the regulation of food safety protection
  366  standards for required training and testing of food service
  367  establishment personnel, and matters related to the nutritional
  368  content and marketing of foods offered in such establishments
  369  are preempted to the state. This subsection does not preempt the
  370  authority of a local government or local enforcement district to
  371  conduct inspections of public lodging and public food service
  372  establishments for compliance with the Florida Building Code and
  373  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  374  633.022.
  375         Section 16. Subsection (1) of section 509.261, Florida
  376  Statutes, is amended to read:
  377         509.261 Revocation or suspension of licenses; fines;
  378  procedure.—
  379         (1) Any public lodging establishment or public food service
  380  establishment that has operated or is operating in violation of
  381  this chapter or the rules of the division, operating without a
  382  license, or operating with a suspended or revoked license may be
  383  subject by the division to:
  384         (a) Fines not to exceed $1,000 per offense;
  385         (b) Mandatory completion attendance, at personal expense,
  386  of a remedial at an educational program administered sponsored
  387  by a food safety training program provider whose program been
  388  approved by the division, as provided in s. 509.049 the
  389  Hospitality Education Program; and
  390         (c) The suspension, revocation, or refusal of a license
  391  issued pursuant to this chapter.
  392         Section 17. Effective upon this act becoming a law, section
  393  10 of chapter 2010-84, Laws of Florida, is amended to read:
  394         Section 10. This act shall take effect July 1, 2014 2011.
  395         Section 18. Except as otherwise expressly provided in this
  396  act and except for this section, which shall take effect upon
  397  this act becoming a law, this act shall take effect July 1,
  398  2011.