CS for CS for SB 1824                            First Engrossed
       
       
       
       
       
       
       
       
       20111824e1
       
    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; amending s.
  107         489.118, F.S.; extending the date within which certain
  108         registered contractors may apply for certification;
  109         amending s. 499.003, F.S.; redefining the term
  110         “prescription drug” to exclude active pharmaceutical
  111         ingredients; providing effective dates.
  112  
  113  Be It Enacted by the Legislature of the State of Florida:
  114  
  115         Section 1. Subsection (4) of section 322.142, Florida
  116  Statutes, is amended to read:
  117         322.142 Color photographic or digital imaged licenses.—
  118         (4) The department may maintain a film negative or print
  119  file. The department shall maintain a record of the digital
  120  image and signature of the licensees, together with other data
  121  required by the department for identification and retrieval.
  122  Reproductions from the file or digital record are exempt from
  123  the provisions of s. 119.07(1) and shall be made and issued only
  124  for departmental administrative purposes; for the issuance of
  125  duplicate licenses; in response to law enforcement agency
  126  requests; to the Department of Business and Professional
  127  Regulation pursuant to an interagency agreement for the purpose
  128  of accessing digital images for reproduction of licenses issued
  129  by the Department of Business and Professional Regulation or for
  130  the purpose of identifying subjects who are under investigation
  131  for unlicensed activity pursuant to s. 455.228; to the
  132  Department of State pursuant to an interagency agreement to
  133  facilitate determinations of eligibility of voter registration
  134  applicants and registered voters in accordance with ss. 98.045
  135  and 98.075; to the Department of Revenue pursuant to an
  136  interagency agreement for use in establishing paternity and
  137  establishing, modifying, or enforcing support obligations in
  138  Title IV-D cases; to the Department of Children and Family
  139  Services pursuant to an interagency agreement to conduct
  140  protective investigations under part III of chapter 39 and
  141  chapter 415; to the Department of Children and Family Services
  142  pursuant to an interagency agreement specifying the number of
  143  employees in each of that department’s regions to be granted
  144  access to the records for use as verification of identity to
  145  expedite the determination of eligibility for public assistance
  146  and for use in public assistance fraud investigations; or to the
  147  Department of Financial Services pursuant to an interagency
  148  agreement to facilitate the location of owners of unclaimed
  149  property, the validation of unclaimed property claims, and the
  150  identification of fraudulent or false claims.
  151         Section 2. Subsection (12) is added to section 455.213,
  152  Florida Statutes, to read:
  153         455.213 General licensing provisions.—
  154         (12) The department may grant a fee waiver for a license
  155  renewal to a licensee on a case-by-case basis due to financial
  156  hardship or an error caused by the department.
  157         Section 3. Subsection (10) of section 455.271, Florida
  158  Statutes, is amended to read:
  159         455.271 Inactive and delinquent status.—
  160         (10) The board, or the department if there is no board,
  161  shall require Before reactivation, an inactive or delinquent
  162  licensee, except a licensee under chapter 473 or chapter 475, to
  163  complete one renewal cycle of shall meet the same continuing
  164  education in order to reactivate a license requirements, if any,
  165  imposed on an active status licensee for all biennial licensure
  166  periods in which the licensee was inactive or delinquent. This
  167  subsection does not apply to persons regulated under chapter
  168  473.
  169         Section 4. Subsection (1) of section 475.42, Florida
  170  Statutes, is amended to read:
  171         475.42 Violations and penalties.—
  172         (1) VIOLATIONS.—
  173         (a) A person may not operate as a broker or sales associate
  174  without being the holder of a valid and current active license
  175  therefor. Any person who violates this paragraph commits a
  176  felony of the third degree, punishable as provided in s. 775.082
  177  or s. 775.083, or, if a corporation, as provided in s. 775.083.
  178         (b) A person licensed as a sales associate may not operate
  179  as a broker or operate as a sales associate for any person not
  180  registered as her or his employer.
  181         (c) A broker may not employ, or continue in employment, any
  182  person as a sales associate who is not the holder of a valid and
  183  current license as sales associate; but a license as sales
  184  associate may be issued to a person licensed as an active
  185  broker, upon request and surrender of the license as broker,
  186  without a fee in addition to that paid for the issuance of the
  187  broker’s active license.
  188         (d) A sales associate may not collect any money in
  189  connection with any real estate brokerage transaction, whether
  190  as a commission, deposit, payment, rental, or otherwise, except
  191  in the name of the employer and with the express consent of the
  192  employer; and no real estate sales associate, whether the holder
  193  of a valid and current license or not, shall commence or
  194  maintain any action for a commission or compensation in
  195  connection with a real estate brokerage transaction against any
  196  person except a person registered as her or his employer at the
  197  time the sales associate performed the act or rendered the
  198  service for which the commission or compensation is due.
  199         (e) A person may not violate any lawful order or rule of
  200  the commission which is binding upon her or him.
  201         (e)(f) A person may not commit any conduct or practice set
  202  forth in s. 475.25(1)(b), (c), (d), or (g) (h).
  203         (f)(g) A person may not make any false affidavit or
  204  affirmation intended for use as evidence by or before the
  205  commission or a member thereof, or by any of its authorized
  206  representatives, nor may any person give false testimony under
  207  oath or affirmation to or before the commission or any member
  208  thereof in any proceeding authorized by this chapter.
  209         (g)(h) A person may not fail or refuse to appear at the
  210  time and place designated in a subpoena issued with respect to a
  211  violation of this chapter, unless because of facts that are
  212  sufficient to excuse appearance in response to a subpoena from
  213  the circuit court; nor may a person who is present before the
  214  commission or a member thereof or one of its authorized
  215  representatives acting under authority of this chapter refuse to
  216  be sworn or to affirm or fail or refuse to answer fully any
  217  question propounded by the commission, the member, or such
  218  representative, or by any person by the authority of such
  219  officer or appointee; nor may any person, so being present,
  220  conduct herself or himself in a disorderly, disrespectful, or
  221  contumacious manner.
  222         (h)(i) A person may not obstruct or hinder in any manner
  223  the enforcement of this chapter or the performance of any lawful
  224  duty by any person acting under the authority of this chapter or
  225  interfere with, intimidate, or offer any bribe to any member of
  226  the commission or any of its employees or any person who is, or
  227  is expected to be, a witness in any investigation or proceeding
  228  relating to a violation of this chapter.
  229         (i)(j) A broker or sales associate may not place, or cause
  230  to be placed, upon the public records of any county, any
  231  contract, assignment, deed, will, mortgage, affidavit, or other
  232  writing which purports to affect the title of, or encumber, any
  233  real property if the same is known to her or him to be false,
  234  void, or not authorized to be placed of record, or not executed
  235  in the form entitling it to be recorded, or the execution or
  236  recording whereof has not been authorized by the owner of the
  237  property, maliciously or for the purpose of collecting a
  238  commission, or to coerce the payment of money to the broker or
  239  sales associate or other person, or for any unlawful purpose.
  240  However, nothing in this paragraph shall be construed to
  241  prohibit a broker or a sales associate from recording a judgment
  242  rendered by a court of this state or to prohibit a broker from
  243  placing a lien on a property where expressly permitted by
  244  contractual agreement or otherwise allowed by law.
  245         (j)(k) A person may not operate as a broker under a trade
  246  name without causing the trade name to be noted in the records
  247  of the commission and placed on the person’s license, or so
  248  operate as a member of a partnership or as a corporation or as
  249  an officer or manager thereof, unless such partnership or
  250  corporation is the holder of a valid current registration.
  251         (k)(l) A person may not knowingly conceal any information
  252  relating to violations of this chapter.
  253         (l)(m) A person may not undertake to list or sell one or
  254  more timeshare periods per year in one or more timeshare plans
  255  on behalf of any number of persons without first being the
  256  holder of a valid and current license as a broker or sales
  257  associate pursuant to this chapter, except as provided in s.
  258  475.011 and chapter 721.
  259         (m)(n) A broker or sales associate may not enter into any
  260  listing or other agreement regarding her or his services in
  261  connection with the resale of a timeshare period unless the
  262  broker or sales associate fully and fairly discloses all
  263  material aspects of the agreement to the owner of the timeshare
  264  period. Further, a broker or sales associate may not use any
  265  form of contract or purchase and sale agreement in connection
  266  with the resale of a timeshare period unless the contract or
  267  purchase and sale agreement fully and fairly discloses all
  268  material aspects of the timeshare plan and the rights and
  269  obligations of both buyer and seller. The commission is
  270  authorized to adopt rules pursuant to chapter 120 as necessary
  271  to implement, enforce, and interpret this paragraph.
  272         (n)(o) A person may not disseminate or cause to be
  273  disseminated by any means any false or misleading information
  274  for the purpose of offering for sale, or for the purpose of
  275  causing or inducing any other person to purchase, lease, or
  276  rent, real estate located in the state or for the purpose of
  277  causing or inducing any other person to acquire an interest in
  278  the title to real estate located in the state.
  279         Section 5. Subsection (2) of section 477.0212, Florida
  280  Statutes, is amended to read:
  281         477.0212 Inactive status.—
  282         (2) The board shall promulgate rules relating to licenses
  283  which have become inactive and for the renewal of inactive
  284  licenses. The board shall prescribe by rule a fee not to exceed
  285  $50 for the reactivation of an inactive license and a fee not to
  286  exceed $50 for the renewal of an inactive license. The board
  287  shall also require a licensee to complete one renewal cycle of
  288  continuing education requirements.
  289         Section 6. Subsection (1) of section 477.0265, Florida
  290  Statutes, is amended to read:
  291         477.0265 Prohibited acts.—
  292         (1) It is unlawful for any person to:
  293         (a) Engage in the practice of cosmetology or a specialty
  294  without an active license as a cosmetologist or registration as
  295  a specialist issued by the department pursuant to the provisions
  296  of this chapter.
  297         (b) Own, operate, maintain, open, establish, conduct, or
  298  have charge of, either alone or with another person or persons,
  299  a cosmetology salon or specialty salon:
  300         1. Which is not licensed under the provisions of this
  301  chapter; or
  302         2. In which a person not licensed or registered as a
  303  cosmetologist or a specialist is permitted to perform
  304  cosmetology services or any specialty.
  305         (c) Engage in willful or repeated violations of this
  306  chapter or of any rule adopted by the board.
  307         (c)(d) Permit an employed person to engage in the practice
  308  of cosmetology or of a specialty unless such person holds a
  309  valid, active license as a cosmetologist or registration as a
  310  specialist.
  311         (d)(e) Obtain or attempt to obtain a license or
  312  registration for money, other than the required fee, or any
  313  other thing of value or by fraudulent misrepresentations.
  314         (e)(f) Use or attempt to use a license to practice
  315  cosmetology or a registration to practice a specialty, which
  316  license or registration is suspended or revoked.
  317         (f)(g) Advertise or imply that skin care services or body
  318  wrapping, as performed under this chapter, have any relationship
  319  to the practice of massage therapy as defined in s. 480.033(3),
  320  except those practices or activities defined in s. 477.013.
  321         (g)(h) In the practice of cosmetology, use or possess a
  322  cosmetic product containing a liquid nail monomer containing any
  323  trace of methyl methacrylate (MMA).
  324         Section 7. Subsection (1) of section 481.217, Florida
  325  Statutes, is amended to read:
  326         481.217 Inactive status.—
  327         (1) The board may prescribe by rule continuing education
  328  requirements as a condition of reactivating a license. The rules
  329  may not require more than one renewal cycle of continuing
  330  education in order to reactive requirements for reactivating a
  331  license for a registered architect or interior designer may not
  332  exceed 12 contact hours for each year the license was inactive.
  333  The minimum continuing education requirement for reactivating a
  334  license for a registered interior designer shall be those of the
  335  most recent biennium plus one-half of the requirements in s.
  336  481.215 for each year or part thereof during which the license
  337  was inactive. The board may shall only approve continuing
  338  education for an interior designer which that builds only upon
  339  the basic knowledge of interior design.
  340         Section 8. Subsection (1) of section 481.315, Florida
  341  Statutes, is amended to read:
  342         481.315 Inactive status.—
  343         (1) A license that has become inactive or delinquent may be
  344  reactivated under this section upon application to the
  345  department and payment of any applicable biennial renewal or
  346  delinquency fee, or both, and a reactivation fee. The board
  347  shall also require a licensee to complete one renewal cycle of
  348  continuing education requirements. The board may prescribe by
  349  rule continuing education requirements as a condition of
  350  reactivating the license. The continuing education requirements
  351  for reactivating a license may not exceed 12 classroom hours for
  352  each year the license was inactive.
  353         Section 9. Subsections (3) and (6) of section 489.116,
  354  Florida Statutes, are amended to read:
  355         489.116 Inactive and delinquent status; renewal and
  356  cancellation notices.—
  357         (3) An inactive status certificateholder or registrant may
  358  change to active status at any time, provided the
  359  certificateholder or registrant meets all requirements for
  360  active status, pays any additional licensure fees necessary to
  361  equal those imposed on an active status certificateholder or
  362  registrant, and pays any applicable late fees, and completes one
  363  renewal cycle of continuing education requirements.
  364         (6) An inactive certificateholder or registrant shall
  365  complete one renewal cycle of comply with the same continuing
  366  education requirements in order to reactive his or her
  367  certification or registration, if any, that are imposed on an
  368  active status certificateholder or registrant.
  369         Section 10. Subsection (1) of section 489.519, Florida
  370  Statutes, is amended to read:
  371         489.519 Inactive status.—
  372         (1) A certificate or registration that has become inactive
  373  may be reactivated under s. 489.517 upon application to the
  374  department. The licensee must complete one renewal cycle of
  375  continuing education requirements. The board may prescribe, by
  376  rule, continuing education requirements as a condition of
  377  reactivating a certificate or registration. The continuing
  378  education requirements for reactivating a certificate or
  379  registration may not exceed 12 classroom hours for each year the
  380  certificate or registration was inactive.
  381         Section 11. Effective July 1, 2014, paragraph (v) of
  382  subsection (1) of section 475.611, Florida Statutes, as amended
  383  by chapter 2010-84, Laws of Florida, is repealed.
  384         Section 12. Notwithstanding the amendment made by this act
  385  to section 10 of chapter 2010-84, Laws of Florida, effective
  386  upon this act becoming a law, paragraphs (b) and (c) of
  387  subsection (1) of section 475.626, Florida Statutes, as amended
  388  by chapter 2010-84, Laws of Florida, are repealed.
  389         Section 13. Subsection (14) of section 475.624, Florida
  390  Statutes, as amended by chapter 2010-84, Laws of Florida, is
  391  amended to read:
  392         475.624 Discipline of appraisers.—The board may deny an
  393  application for registration or certification of an appraiser;
  394  may investigate the actions of any appraiser registered,
  395  licensed, or certified under this part; may reprimand or impose
  396  an administrative fine not to exceed $5,000 for each count or
  397  separate offense against any such appraiser; and may revoke or
  398  suspend, for a period not to exceed 10 years, the registration,
  399  license, or certification of any such appraiser, or place any
  400  such appraiser on probation, if the board finds that the
  401  registered trainee, licensee, or certificateholder:
  402         (14) Has violated any standard of professional practice
  403  established by board rule, including standards for the
  404  development or communication of a real estate appraisal or other
  405  provision of the Uniform Standards of Professional Appraisal
  406  Practice.
  407         Section 14. Section 475.628, Florida Statutes, is amended
  408  to read:
  409         475.628 Professional standards for appraisers registered,
  410  licensed, or certified under this part.—The board shall adopt
  411  rules establishing standards of professional practice that meet
  412  or exceed nationally recognized standards of appraisal practice,
  413  including standards adopted by the Appraiser Standards Board of
  414  the Appraisal Foundation. Each appraiser registered, licensed,
  415  or certified under this part must shall comply with the rules
  416  Uniform Standards of Professional Appraisal Practice. Statements
  417  on appraisal standards which may be issued for the purpose of
  418  clarification, interpretation, explanation, or elaboration
  419  through the Appraisal Foundation shall also be binding on any
  420  appraiser registered, licensed, or certified under this part,
  421  upon adoption by board rule.
  422         Section 15. Subsection (7) of section 509.032, Florida
  423  Statutes, is amended to read:
  424         509.032 Duties.—
  425         (7) PREEMPTION AUTHORITY.—The regulation of public lodging
  426  establishments and public food service establishments,
  427  including, but not limited to, the inspection of public lodging
  428  establishments and public food service establishments for
  429  compliance with the sanitation standards, inspections, adopted
  430  under this section, and the regulation of food safety protection
  431  standards for required training and testing of food service
  432  establishment personnel, and matters related to the nutritional
  433  content and marketing of foods offered in such establishments
  434  are preempted to the state. This subsection does not preempt the
  435  authority of a local government or local enforcement district to
  436  conduct inspections of public lodging and public food service
  437  establishments for compliance with the Florida Building Code and
  438  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
  439  633.022.
  440         Section 16. Subsection (1) of section 509.261, Florida
  441  Statutes, is amended to read:
  442         509.261 Revocation or suspension of licenses; fines;
  443  procedure.—
  444         (1) Any public lodging establishment or public food service
  445  establishment that has operated or is operating in violation of
  446  this chapter or the rules of the division, operating without a
  447  license, or operating with a suspended or revoked license may be
  448  subject by the division to:
  449         (a) Fines not to exceed $1,000 per offense;
  450         (b) Mandatory completion attendance, at personal expense,
  451  of a remedial at an educational program administered sponsored
  452  by a food safety training program provider whose program been
  453  approved by the division, as provided in s. 509.049 the
  454  Hospitality Education Program; and
  455         (c) The suspension, revocation, or refusal of a license
  456  issued pursuant to this chapter.
  457         Section 17. Effective upon this act becoming a law, section
  458  10 of chapter 2010-84, Laws of Florida, is amended to read:
  459         Section 10. This act shall take effect July 1, 2014 2011.
  460         Section 18. Section 473.3066, Florida Statutes, is created
  461  to read:
  462         473.3066 Peer review oversight committee.—
  463         (1) The board may establish a peer review oversight
  464  committee to oversee the peer review requirements of s.
  465  473.3125.
  466         (2) If the board establishes the peer review oversight
  467  committee, the board shall adopt rules providing for the
  468  qualifications, appointment, and terms of committee members as
  469  follows:
  470         (a) The peer review oversight committee shall be composed
  471  of five or fewer members appointed by the board.
  472         (b) Each committee member must hold a valid license as a
  473  Florida certified public accountant.
  474         (c) Each committee member or his or her firm must have
  475  undergone a peer review and received a review rating of “pass”
  476  on the most recent peer review.
  477         (d) A committee member may not be a member of any state
  478  accountancy board, be a member of another state accountancy
  479  board committee, or perform any enforcement-related work for a
  480  state accountancy board.
  481         (e) Committee members shall serve for terms not to exceed 3
  482  years, except that the board, to establish staggered terms, may
  483  appoint members to initial terms that are shorter than the terms
  484  adopted by rule. The board shall fill the vacancy of a committee
  485  member for the unexpired portion of the member’s term in the
  486  same manner as the original appointment.
  487         (f) Committee members shall serve without compensation and
  488  are not entitled to reimbursement of per diem or travel
  489  expenses.
  490         (3) The rules, if adopted, shall also provide for the
  491  duties of the peer review oversight committee, which may
  492  include, but need not be limited to:
  493         (a) Providing oversight for peer review programs and peer
  494  review administering organizations.
  495         (b) Periodically reporting to the board on the
  496  effectiveness of peer review programs and providing a list of
  497  licensees that participate in the programs.
  498         (c) Performing other duties relating to oversight of peer
  499  review programs.
  500         Section 19. Section 473.311, Florida Statutes, is amended
  501  to read:
  502         473.311 Renewal of license.—
  503         (1) The department shall renew a license issued under s.
  504  473.308 upon receipt of the renewal application and fee and upon
  505  certification by the board that the Florida certified public
  506  accountant has satisfactorily completed the continuing education
  507  requirements of s. 473.312.
  508         (2) Effective January 1, 2015, the department shall renew a
  509  license issued under s. 473.3101 upon certification by the board
  510  that the sole proprietor, partnership, corporation, limited
  511  liability company, or other firm engaged in the practice of
  512  public accounting as defined in s. 473.302(8)(a) has
  513  satisfactorily complied with the peer review requirements of s.
  514  473.3125 or that the board has extended the time to comply with
  515  the peer review requirements.
  516         (3)(2) The department shall adopt rules establishing a
  517  procedure for the biennial renewal of licenses issued under ss.
  518  473.308 and 473.3101.
  519         Section 20. Section 473.3125, Florida Statutes, is created
  520  to read:
  521         473.3125 Peer review.—
  522         (1) As used in this section, the term:
  523         (a) “Licensee” means a sole proprietor, partnership,
  524  corporation, limited liability company, or any other firm
  525  engaged in the practice of public accounting as defined in s.
  526  473.302(8)(a) which is required to be licensed under s.
  527  473.3101.
  528         (b) “Peer review” means the study, appraisal, or review by
  529  one or more independent certified public accountants of one or
  530  more aspects of the professional work of a licensee.
  531         (2)(a) Except as otherwise provided in paragraph (b) or
  532  paragraph (c), a licensee must:
  533         1. Enroll in the peer review program of a peer review
  534  administering organization approved by the board; and
  535         2. Undergo a complete peer review at least once every 3
  536  years, which is performed in the manner prescribed by this
  537  section and rules adopted by the board under this section and
  538  for which a peer review report is submitted to and accepted by
  539  the peer review administering organization.
  540         (b) A licensee is not required to enroll in a peer review
  541  program or undergo a peer review if the licensee does not engage
  542  in the practice of public accounting as defined in s.
  543  473.302(8)(a).
  544         (c) A licensee that is licensed for less than 18 months
  545  must enroll in a peer review program but is not required to
  546  undergo a peer review.
  547         (d) A licensee that receives a review rating of “fail” on
  548  two consecutive peer reviews must submit to the board any
  549  documentation requested by the board relating to the peer
  550  reviews for which the licensee received a review rating of
  551  “fail.”
  552         (3)(a) The board shall adopt rules establishing minimum
  553  standards for peer review programs, including, but not limited
  554  to, standards for administering, performing, and reporting peer
  555  reviews. The board shall also adopt rules establishing minimum
  556  criteria for the board’s approval of one or more peer review
  557  administering organizations to facilitate and administer peer
  558  review programs.
  559         (b) The rules shall require a peer review administering
  560  organization to submit to the board a written summary of the
  561  organization’s peer review program, including a description of
  562  its entire peer review process; the organization’s standards for
  563  administering, performing, and reporting peer reviews; oversight
  564  procedures; training requirements; and support materials.
  565         (c) The board may approve a peer review administering
  566  organization if:
  567         1. The organization meets or exceeds the board’s minimum
  568  criteria for the approval of peer review administering
  569  organizations.
  570         2. The organization’s peer review program meets or exceeds
  571  the board’s minimum standards for peer review programs.
  572         3. The organization demonstrates the ability to administer
  573  its peer review program in the manner described in its written
  574  summary and to comply with the board’s minimum standards for
  575  peer review programs.
  576         (d) The board may withdraw its approval of a peer review
  577  administering organization if the organization fails to comply
  578  with this section or rules adopted by the board under this
  579  section.
  580         (4) A certified public accountant or other person appointed
  581  or authorized to perform administrative services for a peer
  582  review administering organization is immune from civil liability
  583  for furnishing information, data, reports, or records to the
  584  peer review administering organization or for damages resulting
  585  from any decision, opinion, action, or proceeding that is
  586  rendered, entered, or acted upon by the peer review
  587  administering organization and that is undertaken or performed
  588  within the scope or function of the duties of the peer review
  589  administering organization.
  590         (5) The proceedings, records, and workpapers of a peer
  591  review administering organization are privileged, confidential,
  592  and not subject to discovery, subpoena, or other means of legal
  593  process or to introduction into evidence in a civil action or
  594  arbitration proceeding. A person who is involved in a peer
  595  review may not testify in a civil action or arbitration
  596  proceeding as to any matter produced, presented, disclosed, or
  597  discussed during or in connection with the peer review or as to
  598  any finding, recommendation, evaluation, opinion, or other
  599  action of the peer review administering organization. Public
  600  records and materials prepared for a particular engagement are
  601  not privileged merely because they were presented or considered
  602  as part of a peer review. This privilege does not apply to any
  603  dispute between a peer review administering organization and the
  604  licensee subject to a review arising from the performance of the
  605  peer review.
  606         Section 21. Section 473.323, Florida Statutes, is amended
  607  to read:
  608         473.323 Disciplinary proceedings.—
  609         (1) The following acts constitute grounds for which The
  610  disciplinary actions in subsection (3) may be taken against any
  611  certified public accountant or firm that:
  612         (a) Violates Violation of any provision of s. 455.227(1) or
  613  any other provision of this chapter.
  614         (b) Attempts Attempting to procure a license to practice
  615  public accounting by bribery or fraudulent misrepresentations.
  616         (c) Has Having a license to practice public accounting
  617  revoked, suspended, or otherwise acted against, including the
  618  denial of licensure, by the licensing authority of another
  619  state, territory, or country.
  620         (d) Is Being convicted or found guilty of, or enters
  621  entering a plea of nolo contendere to, regardless of
  622  adjudication, a crime in any jurisdiction which directly relates
  623  to the practice of public accounting or the ability to practice
  624  public accounting.
  625         (e) Makes Making or files filing a report or record that
  626  the certified public accountant or firm knows to be false,
  627  willfully fails failing to file a report or record required by
  628  state or federal law, willfully impedes impeding or obstructs
  629  obstructing such filing, or induces inducing another person to
  630  impede or obstruct such filing. Such reports or records include
  631  only those that are signed in the capacity of a certified public
  632  accountant.
  633         (f) Advertises Advertising goods or services in a manner
  634  that is fraudulent, false, deceptive, or misleading in form or
  635  content.
  636         (g) Commits Committing an act of fraud or deceit, or of
  637  negligence, incompetency, or misconduct, in the practice of
  638  public accounting.
  639         (h) Violates Violation of any rule adopted under pursuant
  640  to this chapter or chapter 455.
  641         (i) Practices public accounting using Practicing on a
  642  revoked, suspended, inactive, or delinquent license.
  643         (j) Has Suspension or revocation of the right to practice
  644  public accounting suspended or revoked by before any state or
  645  federal agency.
  646         (k) Performs Performance of any fraudulent act in any
  647  jurisdiction while holding a license to practice public
  648  accounting in this state or while using practice privileges in
  649  this state.
  650         (l) Fails Failing to maintain a good moral character as
  651  provided in s. 473.308 while applying for licensure, or while
  652  licensed in this state, or while using practice privileges under
  653  pursuant to s. 473.3141.
  654         (m) Fails Failing to provide any written disclosure to a
  655  client or the public which is required by this chapter or rule
  656  adopted by of the board.
  657         (n) Has Having the same or equivalent practice privileges
  658  of a Florida certified public accountant or firm revoked,
  659  suspended, or otherwise acted against by the licensing authority
  660  of another state, territory, or country as a result of activity
  661  in that jurisdiction which would have subjected the Florida
  662  certified public accountant or firm to discipline in this state.
  663  
  664  (2) The board shall specify, by rule, what acts or omissions
  665  constitute a violation of this subsection (1).
  666         (2) The disciplinary actions in subsection (3) may be taken
  667  against any licensed audit firm or public accounting firm
  668  licensed under s. 473.3101 engaged in the practice of public
  669  accounting as defined in s. 473.302(8)(a) which:
  670         (a) Fails to enroll in a peer review program or undergo a
  671  peer review as required under s. 473.3125; or
  672         (b) Engages in material noncooperation with a peer review
  673  administering organization approved by the board under s.
  674  473.3125.
  675         (3) When the board finds any certified public accountant or
  676  firm guilty of any of the grounds set forth in subsection (1),
  677  or finds any licensed audit firm or public accounting firm
  678  licensed under s. 473.3101 engaged in the practice of public
  679  accounting as defined in s. 473.302(8)(a) guilty of any of the
  680  grounds set forth in subsection (2), the board it may enter an
  681  order imposing one or more of the following penalties:
  682         (a) Denial of an application for licensure.
  683         (b) Revocation or suspension of the certified public
  684  accountant’s accountant or licensed audit firm’s or public
  685  accounting firm’s license or practice privileges in this state.
  686         (c) Imposition of an administrative fine not to exceed
  687  $5,000 for each count or separate offense.
  688         (d) Issuance of a reprimand.
  689         (e) Placement of the certified public accountant on
  690  probation for a period of time and subject to such conditions as
  691  the board may specify, including requiring the certified public
  692  accountant to attend continuing education courses or to work
  693  under the supervision of another certified public accountant
  694  licensee.
  695         (f) Restriction of the authorized scope of practice by the
  696  certified public accountant.
  697         (4) Upon The department shall reissue the license of a
  698  disciplined licensee upon certification by the board that a
  699  certified public accountant, licensed audit firm, or public
  700  accounting firm whose license was subject to discipline the
  701  disciplined licensee has complied with all of the terms and
  702  conditions set forth in the final order, the department shall
  703  reissue the license under s. 473.311.
  704         Section 22. Present subsection (4) of section 481.205,
  705  Florida Statutes, is renumbered as subsection (5), and a new
  706  subsection (4) is added to that section, to read:
  707         481.205 Board of Architecture and Interior Design.—
  708         (4) In addition to the authority granted in subsection (3),
  709  the board may contract for all other services pursuant to s.
  710  455.32.
  711         Section 23. Section 686.201, Florida Statutes, is repealed.
  712         Section 24. Paragraph (c) of subsection (5) of section
  713  373.461, Florida Statutes, is amended to read:
  714         373.461 Lake Apopka improvement and management.—
  715         (5) PURCHASE OF AGRICULTURAL LANDS.—
  716         (c) The district shall explore the availability of funding
  717  from all sources, including any federal, state, regional, and
  718  local land acquisition funding programs, to purchase the
  719  agricultural lands described in paragraph (a). It is the
  720  Legislature’s intent that, if such funding sources can be
  721  identified, acquisition of the lands described in paragraph (a)
  722  may be undertaken by the district to purchase these properties
  723  from willing sellers. However, the purchase price paid for
  724  acquisition of such lands that were in active cultivation during
  725  1996 shall not exceed the highest appraisal obtained by the
  726  district for these lands from a state-certified general
  727  appraiser following the standards of professional practice
  728  established by rule of the Florida Real Estate Appraisal Board,
  729  including standards for the development or communication of a
  730  real estate appraisal Uniform Standards of Professional
  731  Appraisal Practice. This maximum purchase price limitation shall
  732  not include, nor be applicable to, that portion of the purchase
  733  price attributable to consideration of income described in
  734  paragraph (b), or that portion attributable to related
  735  facilities, or closing costs.
  736         Section 25. Paragraph (t) of subsection (1) of section
  737  475.25, Florida Statutes, is amended to read:
  738         475.25 Discipline.—
  739         (1) The commission may deny an application for licensure,
  740  registration, or permit, or renewal thereof; may place a
  741  licensee, registrant, or permittee on probation; may suspend a
  742  license, registration, or permit for a period not exceeding 10
  743  years; may revoke a license, registration, or permit; may impose
  744  an administrative fine not to exceed $5,000 for each count or
  745  separate offense; and may issue a reprimand, and any or all of
  746  the foregoing, if it finds that the licensee, registrant,
  747  permittee, or applicant:
  748         (t) Has violated any standard of professional practice
  749  established by rule of the Florida Real Estate Appraisal Board,
  750  including standards for the development or communication of a
  751  real estate appraisal or other provision of the Uniform
  752  Standards of Professional Appraisal Practice, as defined in s.
  753  475.611, as approved and adopted by the Appraisal Standards
  754  Board of the Appraisal Foundation, as defined in s. 475.611.
  755  This paragraph does not apply to a real estate broker or sales
  756  associate who, in the ordinary course of business, performs a
  757  comparative market analysis, gives a broker price opinion, or
  758  gives an opinion of value of real estate. However, in no event
  759  may this comparative market analysis, broker price opinion, or
  760  opinion of value of real estate be referred to as an appraisal,
  761  as defined in s. 475.611.
  762         Section 26. Subsection (5) of section 475.615, Florida
  763  Statutes, is amended to read:
  764         475.615 Qualifications for registration or certification.—
  765         (5) At the time of filing an application for registration
  766  or certification, the applicant must sign a pledge indicating
  767  that upon becoming registered or certified, he or she will
  768  comply with the standards of professional practice established
  769  by board rule, including standards for the development or
  770  communication of a real estate appraisal, to comply with the
  771  Uniform Standards of Professional Appraisal Practice upon
  772  registration or certification and must indicate in writing that
  773  she or he understands the types of misconduct for which
  774  disciplinary proceedings may be initiated. The application shall
  775  expire 1 year after the date received by the department.
  776         Section 27. Subsections (1), (2), and (3) of section
  777  475.617, Florida Statutes, are amended to read:
  778         475.617 Education and experience requirements.—
  779         (1) To be registered as a trainee appraiser, an applicant
  780  must present evidence satisfactory to the board that she or he
  781  has successfully completed at least 100 hours of approved
  782  academic courses in subjects related to real estate appraisal,
  783  which shall include coverage of the Uniform Standards of
  784  Professional Appraisal Practice, or its equivalent, as
  785  established by board rule, from a nationally recognized or
  786  state-recognized appraisal organization, career center,
  787  accredited community college, college, or university, state or
  788  federal agency or commission, or proprietary real estate school
  789  that holds a permit pursuant to s. 475.451. The board may
  790  increase the required number of hours to not more than 125
  791  hours. A classroom hour is defined as 50 minutes out of each 60
  792  minute segment. Past courses may be approved on an hour-for-hour
  793  basis.
  794         (2) To be certified as a residential appraiser, an
  795  applicant must present satisfactory evidence to the board that
  796  she or he has met the minimum education and experience
  797  requirements prescribed by rule of the board. The board shall
  798  prescribe by rule education and experience requirements that
  799  meet or exceed the following real property appraiser
  800  qualification criteria adopted on February 20, 2004, by the
  801  Appraisal Qualifications Board of the Appraisal Foundation:
  802         (a) Has at least 2,500 hours of experience obtained over a
  803  24-month period in real property appraisal as defined by rule.
  804         (b) Has successfully completed at least 200 classroom
  805  hours, inclusive of examination, of approved academic courses in
  806  subjects related to real estate appraisal, which shall include a
  807  15-hour National Uniform Standards of Professional Appraisal
  808  Practice course, or its equivalent, as established by board
  809  rule, from a nationally recognized or state-recognized appraisal
  810  organization, career center, accredited community college,
  811  college, or university, state or federal agency or commission,
  812  or proprietary real estate school that holds a permit pursuant
  813  to s. 475.451. A classroom hour is defined as 50 minutes out of
  814  each 60-minute segment. Past courses may be approved by the
  815  board and substituted on an hour-for-hour basis.
  816         (3) To be certified as a general appraiser, an applicant
  817  must present evidence satisfactory to the board that she or he
  818  has met the minimum education and experience requirements
  819  prescribed by rule of the board. The board shall prescribe
  820  education and experience requirements that meet or exceed the
  821  following real property appraiser qualification criteria adopted
  822  on February 20, 2004, by the Appraisal Qualifications Board of
  823  the Appraisal Foundation:
  824         (a) Has at least 3,000 hours of experience obtained over a
  825  30-month period in real property appraisal as defined by rule.
  826         (b) Has successfully completed at least 300 classroom
  827  hours, inclusive of examination, of approved academic courses in
  828  subjects related to real estate appraisal, which shall include a
  829  15-hour National Uniform Standards of Professional Appraisal
  830  Practice course, or its equivalent, as established by board
  831  rule, from a nationally recognized or state-recognized appraisal
  832  organization, career center, accredited community college,
  833  college, or university, state or federal agency or commission,
  834  or proprietary real estate school that holds a permit pursuant
  835  to s. 475.451. A classroom hour is defined as 50 minutes out of
  836  each 60-minute segment. Past courses may be approved by the
  837  board and substituted on an hour-for-hour basis.
  838         Section 28. Subsection (1) of section 475.6175, Florida
  839  Statutes, is amended to read:
  840         475.6175 Registered trainee appraiser; postlicensure
  841  education required.—
  842         (1) The board shall prescribe postlicensure educational
  843  requirements in order for a person to maintain a valid
  844  registration as a registered trainee appraiser. If prescribed,
  845  the postlicensure educational requirements consist of one or
  846  more courses which total no more than the total educational
  847  hours required to qualify as a state certified residential
  848  appraiser. Such courses must be in subjects related to real
  849  estate appraisal and shall include coverage of the Uniform
  850  Standards of Professional Appraisal Practice, or its equivalent,
  851  as established by board rule. Such courses are provided by a
  852  nationally or state-recognized appraisal organization, career
  853  center, accredited community college, college, or university,
  854  state or federal agency or commission, or proprietary real
  855  estate school that holds a permit pursuant to s. 475.451.
  856         Section 29. Subsection (4) of section 475.6235, Florida
  857  Statutes, is amended to read:
  858         475.6235 Registration of appraisal management companies
  859  required.—
  860         (4) At the time of filing an application for registration
  861  of an appraisal management company, each person listed in
  862  paragraph (2)(f) must sign a pledge to comply with the standards
  863  of professional practice established by board rule, including
  864  standards for the development or communication of a real estate
  865  appraisal, Uniform Standards of Professional Appraisal Practice
  866  upon registration and must indicate in writing that she or he
  867  understands the types of misconduct for which disciplinary
  868  proceedings may be initiated. The application shall expire 1
  869  year after the date received by the department.
  870         Section 30. Paragraph (n) of subsection (1) of section
  871  475.6245, Florida Statutes, is amended to read:
  872         475.6245 Discipline of appraisal management companies.—
  873         (1) The board may deny an application for registration of
  874  an appraisal management company; may investigate the actions of
  875  any appraisal management company registered under this part; may
  876  reprimand or impose an administrative fine not to exceed $5,000
  877  for each count or separate offense against any such appraisal
  878  management company; and may revoke or suspend, for a period not
  879  to exceed 10 years, the registration of any such appraisal
  880  management company, or place any such appraisal management
  881  company on probation, if the board finds that the appraisal
  882  management company or any person listed in s. 475.6235(2)(f):
  883         (n) Has instructed an appraiser to violate any standard of
  884  professional practice established by board rule, including
  885  standards for the development or communication of a real estate
  886  appraisal or other provision of the Uniform Standards of
  887  Professional Appraisal Practice.
  888         Section 31. Section 489.118, Florida Statutes, is amended
  889  to read:
  890         489.118 Certification of registered contractors;
  891  grandfathering provisions.—The board shall, upon receipt of a
  892  completed application and appropriate fee, issue a certificate
  893  in the appropriate category to any contractor registered under
  894  this part who makes application to the board and can show that
  895  he or she meets each of the following requirements:
  896         (1) Currently holds a valid registered local license in one
  897  of the contractor categories defined in s. 489.105(3)(a)-(p).
  898         (2) Has, for that category, passed a written examination
  899  that the board finds to be substantially similar to the
  900  examination required to be licensed as a certified contractor
  901  under this part. For purposes of this subsection, a written,
  902  proctored examination such as that produced by the National
  903  Assessment Institute, Block and Associates, NAI/Block, Experior
  904  Assessments, Professional Testing, Inc., or Assessment Systems,
  905  Inc., shall be considered to be substantially similar to the
  906  examination required to be licensed as a certified contractor.
  907  The board may not impose or make any requirements regarding the
  908  nature or content of these cited examinations.
  909         (3) Has at least 5 years of experience as a contractor in
  910  that contracting category, or as an inspector or building
  911  administrator with oversight over that category, at the time of
  912  application. For contractors, only time periods in which the
  913  contractor license is active and the contractor is not on
  914  probation shall count toward the 5 years required by this
  915  subsection.
  916         (4) Has not had his or her contractor’s license revoked at
  917  any time, had his or her contractor’s license suspended within
  918  the last 5 years, or been assessed a fine in excess of $500
  919  within the last 5 years.
  920         (5) Is in compliance with the insurance and financial
  921  responsibility requirements in s. 489.115(5).
  922  
  923  Applicants wishing to obtain a certificate pursuant to this
  924  section must make application by November 1, 2015 2005.
  925         Section 32. Subsection (43) of section 499.003, Florida
  926  Statutes, is amended to read:
  927         499.003 Definitions of terms used in this part.—As used in
  928  this part, the term:
  929         (43) “Prescription drug” means a prescription, medicinal,
  930  or legend drug, including, but not limited to, finished dosage
  931  forms or active ingredients subject to, defined by, or described
  932  by s. 503(b) of the Federal Food, Drug, and Cosmetic Act or s.
  933  465.003(8), s. 499.007(13), or subsection (11), subsection (46),
  934  or subsection (53). The term does not mean an active
  935  pharmaceutical ingredient.
  936         Section 33. Except as otherwise expressly provided in this
  937  act and except for this section, which shall take effect upon
  938  this act becoming a law, this act shall take effect July 1,
  939  2011.