CS/HB 5007

1	A bill to be entitled
2	An act relating to reducing and streamlining regulations;
3	amending s. 320.90, F.S.; transferring the responsibility
4	for distribution of a motor vehicle consumer's rights
5	pamphlet to a motor vehicle owner from the Department of
6	Agriculture and Consumer Services to the Department of
7	Legal Affairs; amending s. 322.142, F.S.; providing for
8	the release of certain driver license information by the
9	Department of Highway Safety and Motor Vehicles to the
10	Department of Business and Professional Regulation under
11	certain circumstances; amending s. 468.8324, F.S.;
12	providing alternative criteria for obtaining a home
13	inspector's license; removing certain application
14	requirements for a person who performs home inspection
15	services and who qualifies for licensure on or before a
16	specified date; amending s. 468.841, F.S.; exempting
17	licensed home inspectors from certain provisions related
18	to mold assessment; amending ss. 468.8413 and 468.8414,
19	F.S.; revising licensing requirements for mold assessors
20	and remediators; deleting certain training requirements;
21	amending s. 468.8419, F.S.; revising prohibitions and
22	penalties for mold assessors and remediators, to conform;
23	conforming a cross-reference; amending s. 468.8423, F.S.;
24	revising alternative criteria for obtaining a mold
25	assessor's or mold remediator's license; deleting certain
26	education requirements; amending s. 469.006, F.S.;
27	authorizing an asbestos consultant or contractor doing
28	business as a sole proprietorship to be licensed under his
29	or her fictitious name; amending s. 475.611, F.S.;
30	deleting the definition of the term "Uniform Standards of
31	Professional Appraisal Practice"; amending ss. 373.461,
32	475.25, 475.615, 475.617, 475.6175, and 475.6235, F.S., to
33	conform; amending s. 475.624, F.S.; revising the grounds
34	for discipline of a registered or certified appraiser or
35	applicant for registration or certification, to which
36	penalties apply; prohibiting the violation of professional
37	practice standards established by the Florida Real Estate
38	Appraisal Board; conforming provisions; amending s.
39	475.6245, F.S., to conform; amending s. 475.628, F.S.;
40	authorizing the board to adopt rules establishing
41	professional practice standards; amending ss. 475.42,
42	475.626, and 477.0265, F.S.; deleting criminal penalties
43	for persons who violate orders or rules of the Florida
44	Real Estate Commission, persons who violate orders or
45	rules of the Florida Real Estate Appraisal Board or
46	related grounds for disciplinary action, and persons who
47	commit certain violations of the Florida Cosmetology Act
48	or rules of the Board of Cosmetology; amending ss.
49	455.271, 468.8317, 468.8417, 477.0212, 481.217, 481.315,
50	489.116, and 489.519, F.S.; revising the continuing
51	education requirements for reactivating a license,
52	certificate, or registration to practice certain regulated
53	professions and occupations; amending s. 473.308, F.S.;
54	revising licensure requirements for certified public
55	accountants and firms; deleting obsolete provisions;
56	revising licensure requirements for certain persons
57	licensed to practice public accounting in another state or
58	territory; amending s. 475.17, F.S.; revising the
59	education requirements for licensed real estate brokers
60	and sales associates; amending s. 481.219, F.S.; providing
61	that a certificate of authorization is not required for an
62	architect doing business as a sole proprietorship under
63	his or her fictitious name; amending s. 481.329, F.S.;
64	providing for applicability of provisions regulating the
65	practice of landscape architecture; amending ss. 493.6107
66	and 493.6202, F.S.; revising requirements for the method
67	of payment of certain fees; amending s. 493.6401, F.S.;
68	revising terminology for repossessor schools and training
69	facilities; amending s. 493.6402, F.S.; conforming
70	terminology; revising requirements for the method of
71	payment of certain fees; amending s. 493.6406, F.S.;
72	conforming terminology; amending s. 500.03, F.S.;
73	providing and revising definitions for purposes of the
74	Florida Food Safety Act; amending s. 500.121, F.S.;
75	providing penalties for food safety violations committed
76	by cottage food operations; creating s. 500.80, F.S.;
77	exempting cottage food operations from food permitting
78	requirements; limiting the annual gross sales of cottage
79	food operations and the methods by which cottage food
80	products may be sold or offered for sale; requiring
81	certain packaging and labeling of cottage food products;
82	limiting the sale of cottage food products to certain
83	locations; providing for application; authorizing the
84	Department of Agriculture and Consumer Services to
85	investigate complaints and enter into the premises of a
86	cottage food operation; amending s. 501.160, F.S.;
87	deleting authority for the department to enforce certain
88	prohibitions against unconscionable practices during a
89	declared state of emergency; amending s. 509.032, F.S.;
90	revising which matters relating to the regulation of
91	public lodging establishments and public food service
92	establishments are preempted to the state; amending s.
93	509.261, F.S.; authorizing the Division of Hotels and
94	Restaurants of the Department of Business and Professional
95	Regulation to require certain public lodging
96	establishments and public food service establishments to
97	complete certain remedial educational programs; amending
98	s. 627.711, F.S.; revising training and continuing
99	education requirements for home inspectors conducting
100	hurricane mitigation verification inspections; amending s.
101	633.537, F.S.; revising the validity period for inactive
102	status certificates of fire protection system contractors;
103	amending ss. 681.102, 681.103, 681.108, 681.109, 681.1095,
104	681.1096, and 681.112, F.S.; deleting a definition;
105	transferring certain responsibilities of the Division of
106	Consumer Services for the Motor Vehicle Warranty
107	Enforcement Act to the Department of Legal Affairs;
108	conforming provisions; amending s. 681.117, F.S.; deleting
109	provisions providing for the transfer of certain fees and
110	interagency contracting between the Department of Legal
111	Affairs and the Division of Consumer Services, to conform;
112	amending s. 10, ch. 2010-84, Laws of Florida; revising the
113	effective date of provisions relating to the regulation of
114	real estate appraisers and appraisal management companies;
115	providing for retroactive operation under certain
116	circumstances; providing effective dates.
117
118	Be It Enacted by the Legislature of the State of Florida:
119
120	Section 1.  Section 320.90, Florida Statutes, is amended to
121	read:
122	320.90  Notification of consumer's rights.-The department
123	shall develop a motor vehicle consumer's rights pamphlet which
124	shall be distributed free of charge by the Department of Legal
125	Affairs Agriculture and Consumer Services to the motor vehicle
126	owner upon request. Such pamphlet must contain information
127	relating to odometer fraud and provide a summary of the rights
128	and remedies available to all purchasers of motor vehicles.
129	Section 2.  Subsection (4) of section 322.142, Florida
130	Statutes, is amended to read:
131	322.142  Color photographic or digital imaged licenses.-
132	(4)  The department may maintain a film negative or print
133	file. The department shall maintain a record of the digital
134	image and signature of the licensees, together with other data
135	required by the department for identification and retrieval.
136	Reproductions from the file or digital record are exempt from
137	the provisions of s. 119.07(1) and shall be made and issued only
138	for departmental administrative purposes; for the issuance of
139	duplicate licenses; in response to law enforcement agency
140	requests; to the Department of Business and Professional
141	Regulation pursuant to an interagency agreement for the purpose
142	of accessing digital images for reproduction of licenses issued
143	by the Department of Business and Professional Regulation or for
144	the purpose of identifying subjects under investigation for
145	unlicensed activity pursuant to s. 455.228; to the Department of
146	State pursuant to an interagency agreement to facilitate
147	determinations of eligibility of voter registration applicants
148	and registered voters in accordance with ss. 98.045 and 98.075;
149	to the Department of Revenue pursuant to an interagency
150	agreement for use in establishing paternity and establishing,
151	modifying, or enforcing support obligations in Title IV-D cases;
152	to the Department of Children and Family Services pursuant to an
153	interagency agreement to conduct protective investigations under
154	part III of chapter 39 and chapter 415; to the Department of
155	Children and Family Services pursuant to an interagency
156	agreement specifying the number of employees in each of that
157	department's regions to be granted access to the records for use
158	as verification of identity to expedite the determination of
159	eligibility for public assistance and for use in public
160	assistance fraud investigations; or to the Department of
161	Financial Services pursuant to an interagency agreement to
162	facilitate the location of owners of unclaimed property, the
163	validation of unclaimed property claims, and the identification
164	of fraudulent or false claims.
165	Section 3.  Section 468.8324, Florida Statutes, is amended
166	to read:
167	468.8324  Grandfather clause.-
168	(1)  A person who performs home inspection services may
169	qualify for licensure as a home inspector under this part if the
170	person submits an application to the department postmarked on or
171	before July 1, 2012, which shows that the applicant:
172	(a)  Possesses certification as a one- and two-family
173	dwelling inspector issued by the International Code Council or
174	the Southern Building Code Congress International;
175	(b)  Has been certified as a one- and two-family dwelling
176	inspector by the Florida Building Code Administrators and
177	Inspectors Board under part XII of this chapter; or
178	(c)  Possesses a Division I contractor license issued under
179	part I of chapter 489.
180	(1)  A person who performs home inspection services as
181	defined in this part may qualify for licensure by the department
182	as a home inspector if the person submits an application to the
183	department postmarked on or before March 1, 2011, which shows
184	that the applicant:
185	(a)  Is certified as a home inspector by a state or
186	national association that requires, for such certification,
187	successful completion of a proctored examination on home
188	inspection services and completes at least 14 hours of
189	verifiable education on such services; or
190	(b)  Has at least 3 years of experience as a home inspector
191	at the time of application and has completed 14 hours of
192	verifiable education on home inspection services. To establish
193	the 3 years of experience, an applicant must submit at least 120
194	home inspection reports prepared by the applicant.
195	(2)  The department may investigate the validity of a home
196	inspection report submitted under paragraph (1)(b) and, if the
197	applicant submits a false report, may take disciplinary action
198	against the applicant under s. 468.832(1)(e) or (g).
199	(2)(3)  An applicant may not qualify for licensure under
200	this section if he or she has had a home inspector license or a
201	license in any related field revoked at any time or suspended
202	within the previous 5 years or has been assessed a fine that
203	exceeds $500 within the previous 5 years. For purposes of this
204	subsection, a license in a related field includes, but is not
205	limited to, licensure in real estate, construction, mold-related
206	services, or building code administration or inspection.
207	(3)(4)  An applicant for licensure under this section must
208	comply with the criminal history, good moral character, and
209	insurance requirements of this part.
210	Section 4.  Paragraph (d) of subsection (1) of section
211	468.841, Florida Statutes, is amended to read:
212	468.841  Exemptions.-
213	(1)  The following persons are not required to comply with
214	any provisions of this part relating to mold assessment:
215	(d)  Persons or business organizations acting within the
216	scope of the respective licenses required under part XV of
217	chapter 468, chapter 471, part I of chapter 481, chapter 482,
218	chapter 489, or part XV of this chapter, are acting on behalf of
219	an insurer under part VI of chapter 626, or are persons in the
220	manufactured housing industry who are licensed under chapter
221	320, except when any such persons or business organizations hold
222	themselves out for hire to the public as a "certified mold
223	assessor," "registered mold assessor," "licensed mold assessor,"
224	"mold assessor," "professional mold assessor," or any
225	combination thereof stating or implying licensure under this
226	part.
227	Section 5.  Subsections (4) through (6) of section
228	468.8413, Florida Statutes, are renumbered as subsections (3)
229	through (5), respectively, and present subsections (2) and (3)
230	of that section are amended to read:
231	468.8413  Examinations.-
232	(2)  An applicant may practice in this state as a mold
233	assessor or mold remediator if he or she passes the required
234	examination, is of good moral character, and possesses a high
235	school diploma or its equivalent completes one of the following
236	requirements:
237	(a)1.  For a mold remediator, at least a 2-year associate
238	of arts degree, or the equivalent, with at least 30 semester
239	hours in microbiology, engineering, architecture, industrial
240	hygiene, occupational safety, or a related field of science from
241	an accredited institution and a minimum of 1 year of documented
242	field experience in a field related to mold remediation; or
243	2.  A high school diploma or the equivalent with a minimum
244	of 4 years of documented field experience in a field related to
245	mold remediation.
246	(b)1.  For a mold assessor, at least a 2-year associate of
247	arts degree, or the equivalent, with at least 30 semester hours
248	in microbiology, engineering, architecture, industrial hygiene,
249	occupational safety, or a related field of science from an
250	accredited institution and a minimum of 1 year of documented
251	field experience in conducting microbial sampling or
252	investigations; or
253	2.  A high school diploma or the equivalent with a minimum
254	of 4 years of documented field experience in conducting
255	microbial sampling or investigations.
256	(3)  The department shall review and approve courses of
257	study in mold assessment and mold remediation.
258	Section 6.  Subsections (2) and (3) of section 468.8414,
259	Florida Statutes, are amended to read:
260	468.8414  Licensure.-
261	(2)  The department shall certify for licensure any
262	applicant who satisfies the requirements of s. 468.8413 and
263	passes, who has passed the licensing examination, and who has
264	documented training in water, mold, and respiratory protection.
265	The department may refuse to certify any applicant who has
266	violated any provision of the provisions of this part.
267	(3)  The department shall certify as qualified for a
268	license by endorsement an applicant who is of good moral
269	character, who has the insurance coverage required under s.
270	468.8421, and who:
271	(a)  Is qualified to take the examination as set forth in
272	s. 468.8413 and has passed a certification examination offered
273	by a nationally recognized or state-recognized organization that
274	certifies persons in the specialty of mold assessment or mold
275	remediation that has been approved by the department as
276	substantially equivalent to the requirements of this part and s.
277	455.217; or
278	(b)  Holds a valid license to practice mold assessment or
279	mold remediation issued by another state or territory of the
280	United States if the criteria for issuance of the license were
281	substantially the same as the licensure criteria that is
282	established by this part as determined by the department.
283	Section 7.  Paragraphs (b) through (h) of subsection (1) of
284	section 468.8419, Florida Statutes, are redesignated as
285	paragraphs (a) through (g), respectively, paragraphs (b) through
286	(g) of subsection (2) are redesignated as paragraphs (a) through
287	(f), respectively, and present paragraph (a) of subsection (1),
288	paragraph (a) of subsection (2), and subsection (4) of that
289	section are amended to read:
290	468.8419  Prohibitions; penalties.-
291	(1)  A person may not:
292	(a)  Effective July 1, 2011, perform or offer to perform
293	any mold assessment unless the mold assessor has documented
294	training in water, mold, and respiratory protection under s.
295	468.8414(2).
296	(2)  A mold remediator, a company that employs a mold
297	remediator, or a company that is controlled by a company that
298	also has a financial interest in a company employing a mold
299	remediator may not:
300	(a)  Perform or offer to perform any mold remediation
301	unless the remediator has documented training in water, mold,
302	and respiratory protection under s. 468.8414(2).
303	(4)  This section does not apply to unlicensed activity as
304	described in paragraph (1)(a), paragraph (1)(a)(b), or s.
305	455.228 that occurs before July 1, 2011.
306	Section 8.  Subsection (1) of section 468.8423, Florida
307	Statutes, is amended to read:
308	468.8423  Grandfather clause.-
309	(1)  A person who performs mold assessment or mold
310	remediation as defined in this part may qualify for licensure by
311	the department as a mold assessor or mold remediator if the
312	person submits his or her application to the department by July
313	1, 2012 March 1, 2011, whether postmarked or delivered by that
314	date, and if the person:
315	(a)  Is certified as a mold assessor or mold remediator by
316	a state or national association that requires, for such
317	certification, successful completion of a proctored examination
318	on mold assessment or mold remediation, as applicable, and
319	completes at least 60 hours of education on mold assessment or
320	at least 30 hours of education on mold remediation, as
321	applicable; or
322	(b)  At the time of application, has at least 1 year 3
323	years of experience as a mold assessor or mold remediator. To
324	establish the 1 year 3 years of experience, an applicant must
325	submit at least 10 40 mold assessments or remediation invoices
326	prepared by the applicant.
327	Section 9.  Subsection (1) of section 469.006, Florida
328	Statutes, is amended to read:
329	469.006  Licensure of business organizations; qualifying
330	agents.-
331	(1)  If an individual proposes to engage in consulting or
332	contracting in that individual's own name, or a fictitious name
333	under which the individual is doing business as a sole
334	proprietorship, the license may be issued only to that
335	individual.
336	Section 10.  Paragraphs (r) and (s) of subsection (1) of
337	section 475.611, Florida Statutes, are redesignated as
338	paragraphs (q) and (r), respectively, and present paragraph (q)
339	of that subsection is amended to read:
340	475.611  Definitions.-
341	(1)  As used in this part, the term:
342	(q)  "Uniform Standards of Professional Appraisal Practice"
343	means the most recent standards approved and adopted by the
344	Appraisal Standards Board of the Appraisal Foundation.
345	Section 11.  Paragraph (c) of subsection (5) of section
346	373.461, Florida Statutes, is amended to read:
347	373.461  Lake Apopka improvement and management.-
348	(5)  PURCHASE OF AGRICULTURAL LANDS.-
349	(c)  The district shall explore the availability of funding
350	from all sources, including any federal, state, regional, and
351	local land acquisition funding programs, to purchase the
352	agricultural lands described in paragraph (a). It is the
353	Legislature's intent that, if such funding sources can be
354	identified, acquisition of the lands described in paragraph (a)
355	may be undertaken by the district to purchase these properties
356	from willing sellers. However, the purchase price paid for
357	acquisition of such lands that were in active cultivation during
358	1996 shall not exceed the highest appraisal obtained by the
359	district for these lands from a state-certified general
360	appraiser following the Uniform Standards of Professional
361	Appraisal Practice. This maximum purchase price limitation shall
362	not include, nor be applicable to, that portion of the purchase
363	price attributable to consideration of income described in
364	paragraph (b), or that portion attributable to related
365	facilities, or closing costs.
366	Section 12.  Paragraph (t) of subsection (1) of section
367	475.25, Florida Statutes, is amended to read:
368	475.25  Discipline.-
369	(1)  The commission may deny an application for licensure,
370	registration, or permit, or renewal thereof; may place a
371	licensee, registrant, or permittee on probation; may suspend a
372	license, registration, or permit for a period not exceeding 10
373	years; may revoke a license, registration, or permit; may impose
374	an administrative fine not to exceed $5,000 for each count or
375	separate offense; and may issue a reprimand, and any or all of
376	the foregoing, if it finds that the licensee, registrant,
377	permittee, or applicant:
378	(t)  Has violated any standard for the development or
379	communication of a real estate appraisal or other provision of
380	the Uniform Standards of Professional Appraisal Practice, as
381	defined in s. 475.611, as approved and adopted by the Appraisal
382	Standards Board of the Appraisal Foundation, as defined in s.
383	475.611. This paragraph does not apply to a real estate broker
384	or sales associate who, in the ordinary course of business,
385	performs a comparative market analysis, gives a broker price
386	opinion, or gives an opinion of value of real estate. However,
387	in no event may this comparative market analysis, broker price
388	opinion, or opinion of value of real estate be referred to as an
389	appraisal, as defined in s. 475.611.
390	Section 13.  Subsection (5) of section 475.615, Florida
391	Statutes, is amended to read:
392	475.615  Qualifications for registration or certification.-
393	(5)  At the time of filing An application for registration
394	or certification expires, the applicant must sign a pledge to
395	comply with the Uniform Standards of Professional Appraisal
396	Practice upon registration or certification and must indicate in
397	writing that she or he understands the types of misconduct for
398	which disciplinary proceedings may be initiated. The application
399
400	Section 14.  Subsection (1), paragraph (b) of subsection
401	(2), and paragraph (b) of subsection (3) of section 475.617,
402	Florida Statutes, are amended to read:
403	475.617  Education and experience requirements.-
404	(1)  To be registered as a trainee appraiser, an applicant
405	must present evidence satisfactory to the board that she or he
406	has successfully completed at least 100 hours of approved
407	academic courses in subjects related to real estate appraisal,
408	which shall include coverage of the Uniform Standards of
409	Professional Appraisal Practice from a nationally recognized or
410	state-recognized appraisal organization, career center,
411	accredited community college, college, or university, state or
412	federal agency or commission, or proprietary real estate school
413	that holds a permit pursuant to s. 475.451. The board may
414	increase the required number of hours to not more than 125
415	hours. A classroom hour is defined as 50 minutes out of each 60-
416	minute segment. Past courses may be approved on an hour-for-hour
417	basis.
418	(2)  To be certified as a residential appraiser, an
419	applicant must present satisfactory evidence to the board that
420	she or he has met the minimum education and experience
421	requirements prescribed by rule of the board. The board shall
422	prescribe by rule education and experience requirements that
423	meet or exceed the following real property appraiser
424	qualification criteria adopted on February 20, 2004, by the
425	Appraisal Qualifications Board of the Appraisal Foundation:
426	(b)  Has successfully completed at least 200 classroom
427	hours, inclusive of examination, of approved academic courses in
428	subjects related to real estate appraisal, which shall include a
429	15-hour National Uniform Standards of Professional Appraisal
430	Practice course from a nationally recognized or state-recognized
431	appraisal organization, career center, accredited community
432	college, college, or university, state or federal agency or
433	commission, or proprietary real estate school that holds a
434	permit pursuant to s. 475.451. A classroom hour is defined as 50
435	minutes out of each 60-minute segment. Past courses may be
436	approved by the board and substituted on an hour-for-hour basis.
437	(3)  To be certified as a general appraiser, an applicant
438	must present evidence satisfactory to the board that she or he
439	has met the minimum education and experience requirements
440	prescribed by rule of the board. The board shall prescribe
441	education and experience requirements that meet or exceed the
442	following real property appraiser qualification criteria adopted
443	on February 20, 2004, by the Appraisal Qualifications Board of
444	the Appraisal Foundation:
445	(b)  Has successfully completed at least 300 classroom
446	hours, inclusive of examination, of approved academic courses in
447	subjects related to real estate appraisal, which shall include a
448	15-hour National Uniform Standards of Professional Appraisal
449	Practice course from a nationally recognized or state-recognized
450	appraisal organization, career center, accredited community
451	college, college, or university, state or federal agency or
452	commission, or proprietary real estate school that holds a
453	permit pursuant to s. 475.451. A classroom hour is defined as 50
454	minutes out of each 60-minute segment. Past courses may be
455	approved by the board and substituted on an hour-for-hour basis.
456	Section 15.  Subsection (1) of section 475.6175, Florida
457	Statutes, is amended to read:
458	475.6175  Registered trainee appraiser; postlicensure
459	education required.-
460	(1)  The board shall prescribe postlicensure educational
461	requirements in order for a person to maintain a valid
462	registration as a registered trainee appraiser. If prescribed,
463	the postlicensure educational requirements consist of one or
464	more courses which total no more than the total educational
465	hours required to qualify as a state certified residential
466	appraiser. Such courses must be in subjects related to real
467	estate appraisal and shall include coverage of the Uniform
468	Standards of Professional Appraisal Practice. Such courses are
469	provided by a nationally or state-recognized appraisal
470	organization, career center, accredited community college,
471	college, or university, state or federal agency or commission,
472	or proprietary real estate school that holds a permit pursuant
473	to s. 475.451.
474	Section 16.  Subsection (4) of section 475.6235, Florida
475	Statutes, is amended to read:
476	475.6235  Registration of appraisal management companies
477	required.-
478	(4)  At the time of filing An application for registration
479	of an appraisal management company expires, each person listed
480	in paragraph (2)(f) must sign a pledge to comply with the
481	Uniform Standards of Professional Appraisal Practice upon
482	registration and must indicate in writing that she or he
483	understands the types of misconduct for which disciplinary
484	proceedings may be initiated. The application shall expire 1
485	year after the date received by the department.
486	Section 17.  Subsection (14) of section 475.624, Florida
487	Statutes, as amended by chapter 2010-84, Laws of Florida, is
488	amended to read:
489	475.624  Discipline of appraisers.-The board may deny an
490	application for registration or certification of an appraiser;
491	may investigate the actions of any appraiser registered,
492	licensed, or certified under this part; may reprimand or impose
493	an administrative fine not to exceed $5,000 for each count or
494	separate offense against any such appraiser; and may revoke or
495	suspend, for a period not to exceed 10 years, the registration,
496	license, or certification of any such appraiser, or place any
497	such appraiser on probation, if the board finds that the
498	registered trainee, licensee, or certificateholder:
499	(14)  Has violated any standard of professional practice
500	established by board rule, including standards for the
501	development or communication of a real estate appraisal or other
502	provision of the Uniform Standards of Professional Appraisal
503	Practice.
504	Section 18.  Paragraph (n) of subsection (1) of section
505	475.6245, Florida Statutes is amended to read:
506	475.6245  Discipline of appraisal management companies.-
507	(1)  The board may deny an application for registration of
508	an appraisal management company; may investigate the actions of
509	any appraisal management company registered under this part; may
510	reprimand or impose an administrative fine not to exceed $5,000
511	for each count or separate offense against any such appraisal
512	management company; and may revoke or suspend, for a period not
513	to exceed 10 years, the registration of any such appraisal
514	management company, or place any such appraisal management
515	company on probation, if the board finds that the appraisal
516	management company or any person listed in s. 475.6235(2)(f):
517	(n)  Has instructed an appraiser to violate any standard
518	for the development or communication of a real estate appraisal
519	or other provision of the Uniform Standards of Professional
520	Appraisal Practice.
521	Section 19.  Section 475.628, Florida Statutes, is amended
522	to read:
523	475.628  Professional standards for appraisers registered,
524	licensed, or certified under this part.-The board shall adopt
525	rules establishing standards of professional practice that meet
526	or exceed nationally recognized standards of appraisal practice,
527	including those standards adopted by the Appraiser
528	Qualifications Board of the Appraisal Foundation. Each appraiser
529	registered, licensed, or certified under this part must shall
530	comply with the rules Uniform Standards of Professional
531	Appraisal Practice. Statements on appraisal standards which may
532	be issued for the purpose of clarification, interpretation,
533	explanation, or elaboration through the Appraisal Foundation
534	shall also be binding on any appraiser registered, licensed, or
535	certified under this part.
536	Section 20.  Effective July 1, 2014, paragraphs (w) and (x)
537	of subsection (1) of section 475.611, Florida Statutes, as
538	amended by chapter 2010-84, Laws of Florida, and this act, are
539	redesignated as paragraphs (v) and (w), respectively, and
540	paragraph (v) of that subsection is amended to read:
541	475.611  Definitions.-
542	(1)   As used in this part, the term:
543	(v)  "Uniform Standards of Professional Appraisal Practice"
544	means the most recent standards approved and adopted by the
545	Appraisal Standards Board of the Appraisal Foundation.
546	Section 21.  Paragraphs (f) through (o) of subsection (1)
547	of section 475.42, Florida Statutes, are redesignated as
548	paragraphs (e) through (n), respectively, and present paragraph
549	(e) of that subsection is amended to read:
550	475.42  Violations and penalties.-
551	(1)  VIOLATIONS.-
552	(e)  A person may not violate any lawful order or rule of
553	the commission which is binding upon her or him.
554	Section 22.  Paragraphs (d) through (g) of subsection (1)
555	of section 475.626, Florida Statutes, are redesignated as
556	paragraphs (b) through (e), respectively, and present paragraphs
557	(b) and (c) of that subsection are amended to read:
558	475.626  Violations and penalties.-
559	(1)  VIOLATIONS.-
560	(b)  No person shall violate any lawful order or rule of
561	the board which is binding upon her or him.
562	(c)  No person shall commit any conduct or practice set
563	forth in s. 475.624.
564	Section 23.  Effective July 1, 2014, paragraphs (d) through
565	(h) of subsection (1) of section 475.626, Florida Statutes, as
566	amended by chapter 2010-84, Laws of Florida, and this act, are
567	redesignated as paragraphs (b) through (f), respectively, and
568	paragraphs (b) and (c) of that subsection are amended to read:
569	475.626   Violations and penalties.-
570	(1)   A person may not:
571	(b)   Violate any lawful order or rule of the board which
572	is binding upon her or him.
573	(c)  If a registered trainee appraiser or a licensed or
574	certified appraiser, commit any conduct or practice set forth in
575	s. 475.624.
576	Section 24.  Paragraphs (d) through (h) of subsection (1)
577	of section 477.0265, Florida Statutes, are redesignated as
578	paragraphs (c) through (g), respectively, and present paragraph
579	(c) of that subsection is amended to read:
580	477.0265  Prohibited acts.-
581	(1)  It is unlawful for any person to:
582	(c)  Engage in willful or repeated violations of this
583	chapter or of any rule adopted by the board.
584	Section 25.  Subsection (10) of section 455.271, Florida
585	Statutes, is amended to read:
586	455.271  Inactive and delinquent status.-
587	(10)  The board, or the department when there is no board,
588	may not require Before reactivation, an inactive or delinquent
589	licensee, except for a licensee under chapter 473 or chapter
590	475, to complete more than one renewal cycle of shall meet the
591	same continuing education to reactivate a license requirements,
592	if any, imposed on an active status licensee for all biennial
593	licensure periods in which the licensee was inactive or
594	delinquent. This subsection does not apply to persons regulated
595	under chapter 473.
596	Section 26.  Subsection (2) of section 468.8317, Florida
597	Statutes, is amended to read:
598	468.8317  Inactive license.-
599	(2)  A license that becomes has become inactive may be
600	reactivated upon application to the department. The department
601	may prescribe by rule continuing education requirements as a
602	condition of reactivating a license. The rules may not require
603	more than one renewal cycle of continuing education to
604	reactivate requirements for reactivating a license may not
605	exceed 14 hours for each year the license was inactive.
606	Section 27.  Subsection (2) of section 468.8417, Florida
607	Statutes, is amended to read:
608	468.8417  Inactive license.-
609	(2)  A license that becomes has become inactive may be
610	reactivated upon application to the department. The department
611	may prescribe by rule continuing education requirements as a
612	condition of reactivating a license. The rules may not require
613	more than one renewal cycle of continuing education to
614	reactivate requirements for reactivating a license may not
615	exceed 14 hours for each year the license was inactive.
616	Section 28.  Subsection (2) of section 477.0212, Florida
617	Statutes, is amended to read:
618	477.0212  Inactive status.-
619	(2)  The board shall adopt promulgate rules relating to
620	licenses that which have become inactive and for the renewal of
621	inactive licenses. The rules may not require more than one
622	renewal cycle of continuing education to reactivate a license.
623	The board shall prescribe by rule a fee not to exceed $50 for
624	the reactivation of an inactive license and a fee not to exceed
625	$50 for the renewal of an inactive license.
626	Section 29.  Subsection (1) of section 481.217, Florida
627	Statutes, is amended to read:
628	481.217  Inactive status.-
629	(1)  The board may prescribe by rule continuing education
630	requirements as a condition of reactivating a license. The rules
631	may not require more than one renewal cycle of continuing
632	education to reactivate requirements for reactivating a license
633	for a registered architect or interior designer may not exceed
634	12 contact hours for each year the license was inactive. The
635	minimum continuing education requirement for reactivating a
636	license for a registered interior designer shall be those of the
637	most recent biennium plus one-half of the requirements in s.
638	481.215 for each year or part thereof during which the license
639	was inactive. The board may shall only approve continuing
640	education for an interior designer which that builds upon the
641	basic knowledge of interior design.
642	Section 30.  Subsection (1) of section 481.315, Florida
643	Statutes, is amended to read:
644	481.315  Inactive status.-
645	(1)  A license that has become inactive or delinquent may
646	be reactivated under this section upon application to the
647	department and payment of any applicable biennial renewal or
648	delinquency fee, or both, and a reactivation fee. The board may
649	not require a licensee to complete more than one renewal cycle
650	of continuing education requirements The board may prescribe by
651	rule continuing education requirements as a condition of
652	reactivating the license. The continuing education requirements
653	for reactivating a license may not exceed 12 classroom hours for
654	each year the license was inactive.
655	Section 31.  Subsections (3) and (6) of section 489.116,
656	Florida Statutes, are amended to read:
657	489.116  Inactive and delinquent status; renewal and
658	cancellation notices.-
659	(3)  An inactive status certificateholder or registrant may
660	change to active status at any time if, provided the
661	certificateholder or registrant meets all requirements for
662	active status, pays any additional licensure fees necessary to
663	equal those imposed on an active status certificateholder or
664	registrant, and pays any applicable late fees, and meets all
665	continuing education requirements prescribed by the board.
666	(6)  The board may not require an inactive
667	certificateholder or registrant to complete more than one
668	renewal cycle of shall comply with the same continuing education
669	for reactivating a certificate or registration requirements, if
670	any, that are imposed on an active status certificateholder or
671	registrant.
672	Section 32.  Subsection (1) of section 489.519, Florida
673	Statutes, is amended to read:
674	489.519  Inactive status.-
675	(1)  A certificate or registration that becomes has become
676	inactive may be reactivated under s. 489.517 upon application to
677	the department. The board may not require a licensee to complete
678	more than one renewal cycle of prescribe, by rule, continuing
679	education to reactivate requirements as a condition of
680	reactivating a certificate or registration. The continuing
681	education requirements for reactivating a certificate or
682	registration may not exceed 12 classroom hours for each year the
683	certificate or registration was inactive.
684	Section 33.  Subsections (3) and (4) and paragraph (b) of
685	subsection (7) of section 473.308, Florida Statutes, are amended
686	to read:
687	473.308  Licensure.-
688	(3)  An applicant for licensure must:
689	(a)  Complete have at least 150 semester hours of college
690	education, including a baccalaureate or higher degree conferred
691	by an accredited college or university, with a concentration in
692	accounting and business in the total educational program to the
693	extent specified by the board; or
694	(b)  Graduate from an accredited university in the state
695	with a master's degree in accounting.
696	(4)(a)  An applicant for licensure after December 31, 2008,
697	must show that he or she has had 1 year of relevant work
698	experience. This experience must shall include providing any
699	type of service or advice involving the use of accounting,
700	attest, compilation, management advisory, financial advisory,
701	tax, or consulting skills, all of which must be verified by a
702	certified public accountant who is licensed by a state or
703	territory of the United States and who has supervised the
704	applicant. This experience is acceptable if it was gained
705	through employment in government, industry, academia, or public
706	practice; constituted a substantial part of the applicant's
707	duties; and was under the supervision of a certified public
708	accountant licensed by a state or territory of the United
709	States. The board shall adopt rules specifying standards and
710	providing for the review and approval of the work experience
711	required by this section.
712	(b)  However, an applicant who completed the requirements
713	of subsection (3) on or before December 31, 2008, and who passes
714	the licensure examination on or before June 30, 2010, is exempt
715	from the requirements of this subsection.
716	(7)  The board shall certify as qualified for a license by
717	endorsement an applicant who:
718	(b)1.a.  Holds a valid license to practice public
719	accounting issued by another state or territory of the United
720	States, if the criteria for issuance of such license were
721	substantially equivalent to the licensure criteria that existed
722	in this state at the time the license was issued; or
723	b.  Holds a valid license to practice public accounting
724	issued by another state or territory of the United States but
725	the criteria for issuance of such license did not meet the
726	requirements of sub-subparagraph a.; has met the requirements of
727	this section for education, work experience, and good moral
728	character; has at least 5 years of work experience that meets
729	the requirements of subsection (4) or at least 5 years of
730	experience in the practice of public accountancy or its
731	equivalent that meets the requirements of subsection (8); and
732	has passed a national, regional, state, or territorial licensing
733	examination that is substantially equivalent to the examination
734	required by s. 473.306; and
735	2.  Has completed continuing education courses that are
736	equivalent to the continuing education requirements for a
737	Florida certified public accountant licensed in this state
738	during the 2 years immediately preceding her or his application
739	for licensure by endorsement.
740	Section 34.  Subsection (6) of section 475.17, Florida
741	Statutes, is amended to read:
742	475.17  Qualifications for practice.-
743	(6)  The postlicensure education requirements of this
744	section, and the education course requirements for one to become
745	initially licensed, do not apply to any applicant or licensee
746	who has received a bachelor's degree in real estate, a
747	bachelor's degree in business with a concentration or emphasis
748	in real estate, or a higher degree with a concentration or
749	emphasis 4-year degree in real estate from an accredited
750	institution of higher education.
751	Section 35.  Subsection (2) of section 481.219, Florida
752	Statutes, is amended to read:
753	481.219  Certification of partnerships, limited liability
754	companies, and corporations.-
755	(2)  For the purposes of this section, a certificate of
756	authorization is shall be required for a corporation, limited
757	liability company, partnership, or person practicing under a
758	fictitious name, offering architectural services to the public
759	jointly or separately. However, when an individual is practicing
760	architecture in her or his own name, or in a fictitious name
761	under which the individual is doing business as a sole
762	proprietorship, she or he is shall not be required to be
763	certified under this section. Certification under this
764	subsection to offer architectural services shall include all the
765	rights and privileges of certification under subsection (3) to
766	offer interior design services.
767	Section 36.  Subsection (5) of section 481.329, Florida
768	Statutes, is amended to read:
769	481.329  Exceptions; exemptions from licensure.-
770	(5)  This Nothing in this part does not prohibit prohibits
771	any person from engaging in the practice of landscape design, as
772	defined in s. 481.303(7) or from submitting such plans to
773	governmental agencies for approval. Persons providing landscape
774	design services shall not use the title, term, or designation
775	"landscape architect," "landscape architectural," "landscape
776	architecture," "L.A.," "landscape engineering," or any
777	description tending to convey the impression that she or he is a
778	landscape architect unless she or he is registered as provided
779	in this part.
780	Section 37.  Subsection (3) of section 493.6107, Florida
781	Statutes, is amended to read:
782	493.6107  Fees.-
783	(3)  The fees set forth in this section must be paid by
784	certified check or money order or, at the discretion of the
785	department, by electronic funds transfer agency check at the
786	time the application is approved, except that the applicant for
787	a Class "G" or Class "M" license must pay the license fee at the
788	time the application is made. If a license is revoked or denied
789	or if the application is withdrawn, the license fee shall not be
790	refunded.
791	Section 38.  Subsection (3) of section 493.6202, Florida
792	Statutes, is amended to read:
793	493.6202  Fees.-
794	(3)  The fees set forth in this section must be paid by
795	certified check or money order or, at the discretion of the
796	department, by electronic funds transfer agency check at the
797	time the application is approved, except that the applicant for
798	a Class "G," Class "C," Class "CC," Class "M," or Class "MA"
799	license must pay the license fee at the time the application is
800	made. If a license is revoked or denied or if the application is
801	withdrawn, the license fee shall not be refunded.
802	Section 39.  Subsections (7) and (8) of section 493.6401,
803	Florida Statutes, are amended to read:
804	493.6401  Classes of licenses.-
805	(7)  Any person who operates a recovery agent repossessor
806	school or training facility or who conducts an Internet-based
807	training course or a correspondence training course must have a
808	Class "RS" license.
809	(8)  Any individual who teaches or instructs at a Class
810	"RS" recovery agent repossessor school or training facility
811	shall have a Class "RI" license.
812	Section 40.  Paragraphs (f) and (g) of subsection (1) and
813	subsection (3) of section 493.6402, Florida Statutes, are
814	amended to read:
815	493.6402  Fees.-
816	(1)  The department shall establish by rule biennial
817	license fees which shall not exceed the following:
818	(f)  Class "RS" license-recovery agent repossessor school
819	or training facility: $60.
820	(g)  Class "RI" license-recovery agent repossessor school
821	or training facility instructor: $60.
822	(3)  The fees set forth in this section must be paid by
823	certified check or money order, or, at the discretion of the
824	department, by electronic funds transfer agency check at the
825	time the application is approved, except that the applicant for
826	a Class "E," Class "EE," or Class "MR" license must pay the
827	license fee at the time the application is made. If a license is
828	revoked or denied, or if an application is withdrawn, the
829	license fee shall not be refunded.
830	Section 41.  Section 493.6406, Florida Statutes, is amended
831	to read:
832	493.6406  Recovery agent Repossession services school or
833	training facility.-
834	(1)  Any school, training facility, or instructor who
835	offers the training outlined in s. 493.6403(2) for Class "EE"
836	applicants shall, before licensure of such school, training
837	facility, or instructor, file with the department an application
838	accompanied by an application fee in an amount to be determined
839	by rule, not to exceed $60. The fee shall not be refundable.
840	This training may be offered as face-to-face training, Internet-
841	based training, or correspondence training.
842	(2)  The application shall be signed and notarized and
843	shall contain, at a minimum, the following information:
844	(a)  The name and address of the school or training
845	facility and, if the applicant is an individual, his or her
846	name, address, and social security or alien registration number.
847	(b)  The street address of the place at which the training
848	is to be conducted or the street address of the Class "RS"
849	school offering Internet-based or correspondence training.
850	(c)  A copy of the training curriculum and final
851	examination to be administered.
852	(3)  The department shall adopt rules establishing the
853	criteria for approval of schools, training facilities, and
854	instructors.
855	Section 42.  Paragraphs (j) through (z) of subsection (1)
856	of section 500.03, Florida Statutes, are redesignated as
857	paragraphs (l) through (bb), respectively, present paragraphs
858	(n) and (p) are amended, and new paragraphs (j) and (k) are
859	added to that subsection, to read:
860	500.03  Definitions; construction; applicability.-
861	(1)  For the purpose of this chapter, the term:
862	(j)  "Cottage food operation" means a natural person who
863	produces or packages cottage food products at his or her
864	residence and sells such products in accordance with s. 500.80.
865	(k)  "Cottage food product" means food that is not a
866	potentially hazardous food as defined by department rule which
867	is sold by a cottage food operation in accordance with s.
868	500.80.
869	(p)(n)  "Food establishment" means any factory, food
870	outlet, or any other facility manufacturing, processing,
871	packing, holding, or preparing food or selling food at wholesale
872	or retail. The term does not include any business or activity
873	that is regulated under s. 500.80, chapter 509, or chapter 601.
874	The term includes tomato packinghouses and repackers but does
875	not include any other establishments that pack fruits and
876	vegetables in their raw or natural states, including those
877	fruits or vegetables that are washed, colored, or otherwise
878	treated in their unpeeled, natural form before they are
879	marketed.
880	(r)(p)  "Food service establishment" means any place where
881	food is prepared and intended for individual portion service,
882	and includes the site at which individual portions are provided.
883	The term includes any such place regardless of whether
884	consumption is on or off the premises and regardless of whether
885	there is a charge for the food. The term includes delicatessens
886	that offer prepared food in individual service portions. The
887	term does not include schools, institutions, fraternal
888	organizations, private homes where food is prepared or served
889	for individual family consumption, retail food stores, the
890	location of food vending machines, cottage food operations, and
891	supply vehicles, nor does the term include a research and
892	development test kitchen limited to the use of employees and
893	which is not open to the general public.
894	Section 43.  Subsection (1) of section 500.121, Florida
895	Statutes, is amended to read:
896	500.121  Disciplinary procedures.-
897	(1)  In addition to the suspension procedures provided in
898	s. 500.12, if applicable, the department may impose a fine not
899	to exceed exceeding $5,000 against any retail food store, or
900	food establishment, or cottage food operation that violates has
901	violated this chapter, which fine, when imposed and paid, shall
902	be deposited by the department into the General Inspection Trust
903	Fund. The department may revoke or suspend the permit of any
904	such retail food store or food establishment if it is satisfied
905	that the retail food store or food establishment has:
906	(a)  Violated any of the provisions of this chapter.
907	(b)  Violated or aided or abetted in the violation of any
908	law of this state governing or applicable to retail food stores
909	or food establishments or any lawful rules of the department.
910	(c)  Knowingly committed, or been a party to, any material
911	fraud, misrepresentation, conspiracy, collusion, trick, scheme,
912	or device whereby any other person, lawfully relying upon the
913	word, representation, or conduct of a retail food store or food
914	establishment, acts to her or his injury or damage.
915	(d)  Committed any act or conduct of the same or different
916	character than that enumerated which constitutes fraudulent or
917	dishonest dealing.
918	Section 44.  Section 500.80, Florida Statutes, is created
919	to read:
920	500.80  Cottage food operations.-
921	(1)(a)  A cottage food operation must comply with the
922	applicable requirements of this chapter but is exempt from the
923	permitting requirements of s. 500.12 if the cottage food
924	operation complies with this section and has annual gross sales
925	of cottage food products that do not exceed $15,000.
926	(b)  For purposes of this subsection, a cottage food
927	operation's annual gross sales include all sales of cottage food
928	products at any location, regardless of the types of products
929	sold or the number of persons involved in the operation. A
930	cottage food operation must provide the department, upon
931	request, with written documentation to verify the operation's
932	annual gross sales.
933	(2)  A cottage food operation may not sell or offer for
934	sale cottage food products over the Internet, by mail order, or
935	at wholesale.
936	(3)  A cottage food operation may only sell cottage food
937	products which are prepackaged with a label affixed that
938	contains the following information:
939	(a)  The name and address of the cottage food operation.
940	(b)  The name of the cottage food product.
941	(c)  The ingredients of the cottage food product, in
942	descending order of predominance by weight.
943	(d)  The net weight or net volume of the cottage food
944	product.
945	(e)  Allergen information as specified by federal labeling
946	requirements.
947	(f)  If any nutritional claim is made, appropriate
948	nutritional information as specified by federal labeling
949	requirements.
950	(g)  The following statement printed in at least 10-point
951	type in a color that provides a clear contrast to the background
952	of the label: "Made in a cottage food operation that is not
953	subject to Florida's food safety regulations."
954	(4)  A cottage food operation may only sell cottage food
955	products that it stores on the premises of the cottage food
956	operation.
957	(5)  This section does not exempt a cottage food operation
958	from any state or federal tax law, rule, regulation, or
959	certificate that applies to all cottage food operations.
960	(6)  A cottage food operation must comply with all
961	applicable county and municipal laws and ordinances regulating
962	the preparation, processing, storage, and sale of cottage food
963	products by a cottage food operation or from a person's
964	residence.
965	(7)(a)  The department may investigate any complaint which
966	alleges that a cottage food operation has violated an applicable
967	provision of this chapter or rule adopted under this chapter.
968	(b)  Only upon receipt of a complaint, the department's
969	authorized officer or employee may enter and inspect the
970	premises of a cottage food operation to determine compliance
971	with this chapter and department rules, as applicable. A cottage
972	food operation's refusal to permit the department's authorized
973	officer or employee entry to the premises or to conduct the
974	inspection is grounds for disciplinary action pursuant to s.
975	500.121.
976	(8)  This section does not apply to a person operating
977	under a food permit issued pursuant to s. 500.12.
978	Section 45.  Subsection (8) of section 501.160, Florida
979	Statutes, is amended to read:
980	501.160  Rental or sale of essential commodities during a
981	declared state of emergency; prohibition against unconscionable
982	prices.-
983	(8)  Any violation of this section may be enforced by the
984	Department of Agriculture and Consumer Services, the office of
985	the state attorney, or the Department of Legal Affairs.
986	Section 46.  Subsection (7) of section 509.032, Florida
987	Statutes, is amended to read:
988	509.032  Duties.-
989	(7)  PREEMPTION AUTHORITY.-The regulation of public lodging
990	establishments and public food service establishments,
991	including, but not limited to, the inspection of public lodging
992	establishments and public food service establishments for
993	compliance with the sanitation standards, inspections adopted
994	under this section, and the regulation of food safety protection
995	standards for required training and testing of food service
996	establishment personnel, and matters related to the nutritional
997	content and marketing of foods offered in such establishments,
998	are preempted to the state. This subsection does not preempt the
999	authority of a local government or local enforcement district to
1000	conduct inspections of public lodging and public food service
1001	establishments for compliance with the Florida Building Code and
1002	the Florida Fire Prevention Code, pursuant to ss. 553.80 and
1003	633.022.
1004	Section 47.  Subsection (1) of section 509.261, Florida
1005	Statutes, is amended to read:
1006	509.261  Revocation or suspension of licenses; fines;
1007	procedure.-
1008	(1)  Any public lodging establishment or public food
1009	service establishment that has operated or is operating in
1010	violation of this chapter or the rules of the division,
1011	operating without a license, or operating with a suspended or
1012	revoked license may be subject by the division to:
1013	(a)  Fines not to exceed $1,000 per offense;
1014	(b)  Mandatory completion attendance, at personal expense,
1015	of a remedial at an educational program administered sponsored
1016	by a food safety training program provider whose program is
1017	approved by the division as provided in s. 509.049 the
1018	Hospitality Education Program; and
1019	(c)  The suspension, revocation, or refusal of a license
1020	issued pursuant to this chapter.
1021	Section 48.  Paragraph (a) of subsection (2) of section
1022	627.711, Florida Statutes, is amended to read:
1023	627.711  Notice of premium discounts for hurricane loss
1024	mitigation; uniform mitigation verification inspection form.-
1025	(2)(a)  The Financial Services Commission shall develop by
1026	rule a uniform mitigation verification inspection form that
1027	shall be used by all insurers when submitted by policyholders
1028	for the purpose of factoring discounts for wind insurance. In
1029	developing the form, the commission shall seek input from
1030	insurance, construction, and building code representatives.
1031	Further, the commission shall provide guidance as to the length
1032	of time the inspection results are valid. An insurer shall
1033	accept as valid a uniform mitigation verification form signed by
1034	the following authorized mitigation inspectors:
1035	1.  A home inspector licensed under s. 468.8314 who has
1036	completed at least 3 hours of hurricane mitigation training
1037	approved by the Construction Industry Licensing Board which
1038	includes hurricane mitigation techniques and compliance with the
1039	uniform mitigation verification form and completion of a
1040	proficiency exam. Thereafter, home inspectors licensed under s.
1041	468.8314 must complete at least 2 hours of continuing education,
1042	as part of the existing licensure renewal requirements each
1043	year, related to mitigation inspection and the uniform
1044	mitigation form;
1045	2.   A building code inspector certified under s. 468.607;
1046	3.   A general, building, or residential contractor
1047	licensed under s. 489.111;
1048	4.   A professional engineer licensed under s. 471.015;
1049	5.   A professional architect licensed under s. 481.213; or
1050	6.   Any other individual or entity recognized by the
1051	insurer as possessing the necessary qualifications to properly
1052	complete a uniform mitigation verification form.
1053	Section 49.  Subsection (2) of section 633.537, Florida
1054	Statutes, is amended to read:
1055	633.537  Certificate; expiration; renewal; inactive
1056	certificate; continuing education.-
1057	(2)  A person who holds a valid certificate may maintain
1058	such certificate in an inactive status during which time she or
1059	he may not engage in contracting. An inactive status certificate
1060	shall be void after four a 2-year periods period. The biennial
1061	renewal fee for an inactive status certificate shall be $75. An
1062	inactive status certificate may be reactivated upon application
1063	to the State Fire Marshal and payment of the initial application
1064	fee.
1065	Section 50.  Subsections (8) through (23) of section
1066	681.102, Florida Statutes, are renumbered as subsections (7)
1067	through (22), respectively, and present subsection (7) of that
1068	section is amended to read:
1069	681.102  Definitions.-As used in this chapter, the term:
1070	(7)  "Division" means the Division of Consumer Services of
1071	the Department of Agriculture and Consumer Services.
1072	Section 51.  Subsection (3) of section 681.103, Florida
1073	Statutes, is amended to read:
1074	681.103  Duty of manufacturer to conform a motor vehicle to
1075	the warranty.-
1076	(3)  At the time of acquisition, the manufacturer shall
1077	inform the consumer clearly and conspicuously in writing how and
1078	where to file a claim with a certified procedure if such
1079	procedure has been established by the manufacturer pursuant to
1080	s. 681.108. The nameplate manufacturer of a recreational vehicle
1081	shall, at the time of vehicle acquisition, inform the consumer
1082	clearly and conspicuously in writing how and where to file a
1083	claim with a program pursuant to s. 681.1096. The manufacturer
1084	shall provide to the dealer and, at the time of acquisition, the
1085	dealer shall provide to the consumer a written statement that
1086	explains the consumer's rights under this chapter. The written
1087	statement shall be prepared by the Department of Legal Affairs
1088	and shall contain a toll-free number for the department division
1089	that the consumer can contact to obtain information regarding
1090	the consumer's rights and obligations under this chapter or to
1091	commence arbitration. If the manufacturer obtains a signed
1092	receipt for timely delivery of sufficient quantities of this
1093	written statement to meet the dealer's vehicle sales
1094	requirements, it shall constitute prima facie evidence of
1095	compliance with this subsection by the manufacturer. The
1096	consumer's signed acknowledgment of receipt of materials
1097	required under this subsection shall constitute prima facie
1098	evidence of compliance by the manufacturer and dealer. The form
1099	of the acknowledgments shall be approved by the Department of
1100	Legal Affairs, and the dealer shall maintain the consumer's
1101	signed acknowledgment for 3 years.
1102	Section 52.  Section 681.108, Florida Statutes, is amended
1103	to read:
1104	681.108  Dispute-settlement procedures.-
1105	(1)  If a manufacturer has established a procedure, which
1106	the department division has certified as substantially complying
1107	with the provisions of 16 C.F.R. part 703, in effect October 1,
1108	1983, and with the provisions of this chapter and the rules
1109	adopted under this chapter, and has informed the consumer how
1110	and where to file a claim with such procedure pursuant to s.
1111	681.103(3), the provisions of s. 681.104(2) apply to the
1112	consumer only if the consumer has first resorted to such
1113	procedure. The decisionmakers for a certified procedure shall,
1114	in rendering decisions, take into account all legal and
1115	equitable factors germane to a fair and just decision,
1116	including, but not limited to, the warranty; the rights and
1117	remedies conferred under 16 C.F.R. part 703, in effect October
1118	1, 1983; the provisions of this chapter; and any other equitable
1119	considerations appropriate under the circumstances.
1120	Decisionmakers and staff of a procedure shall be trained in the
1121	provisions of this chapter and in 16 C.F.R. part 703, in effect
1122	October 1, 1983. In an action brought by a consumer concerning
1123	an alleged nonconformity, the decision that results from a
1124	certified procedure is admissible in evidence.
1125	(2)  A manufacturer may apply to the department division
1126	for certification of its procedure. After receipt and evaluation
1127	of the application, the department division shall certify the
1128	procedure or notify the manufacturer of any deficiencies in the
1129	application or the procedure.
1130	(3)  A certified procedure or a procedure of an applicant
1131	seeking certification shall submit to the department division a
1132	copy of each settlement approved by the procedure or decision
1133	made by a decisionmaker within 30 days after the settlement is
1134	reached or the decision is rendered. The decision or settlement
1135	must contain at a minimum the:
1136	(a)  Name and address of the consumer;
1137	(b)  Name of the manufacturer and address of the dealership
1138	from which the motor vehicle was purchased;
1139	(c)  Date the claim was received and the location of the
1140	procedure office that handled the claim;
1141	(d)  Relief requested by the consumer;
1142	(e)  Name of each decisionmaker rendering the decision or
1143	person approving the settlement;
1144	(f)  Statement of the terms of the settlement or decision;
1145	(g)  Date of the settlement or decision; and
1146	(h)  Statement of whether the decision was accepted or
1147	rejected by the consumer.
1148	(4)  Any manufacturer establishing or applying to establish
1149	a certified procedure must file with the department division a
1150	copy of the annual audit required under the provisions of 16
1151	C.F.R. part 703, in effect October 1, 1983, together with any
1152	additional information required for purposes of certification,
1153	including the number of refunds and replacements made in this
1154	state pursuant to the provisions of this chapter by the
1155	manufacturer during the period audited.
1156	(5)  The department division shall review each certified
1157	procedure at least annually, prepare an annual report evaluating
1158	the operation of certified procedures established by motor
1159	vehicle manufacturers and procedures of applicants seeking
1160	certification, and, for a period not to exceed 1 year, shall
1161	grant certification to, or renew certification for, those
1162	manufacturers whose procedures substantially comply with the
1163	provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
1164	with the provisions of this chapter and rules adopted under this
1165	chapter. If certification is revoked or denied, the department
1166	division shall state the reasons for such action. The reports
1167	and records of actions taken with respect to certification shall
1168	be public records.
1169	(6)  A manufacturer whose certification is denied or
1170	revoked is entitled to a hearing pursuant to chapter 120.
1171	(7)  If federal preemption of state authority to regulate
1172	procedures occurs, the provisions of subsection (1) concerning
1173	prior resort do not apply.
1174	(8)  The department division shall adopt rules to
1175	administer implement this section.
1176	Section 53.  Section 681.109, Florida Statutes, is amended
1177	to read:
1178	681.109  Florida New Motor Vehicle Arbitration Board;
1179	dispute eligibility.-
1180	(1)  If a manufacturer has a certified procedure, a
1181	consumer claim arising during the Lemon Law rights period must
1182	be filed with the certified procedure no later than 60 days
1183	after the expiration of the Lemon Law rights period. If a
1184	decision is not rendered by the certified procedure within 40
1185	days of filing, the consumer may apply to the department
1186	division to have the dispute removed to the board for
1187	arbitration.
1188	(2)  If a manufacturer has a certified procedure, a
1189	consumer claim arising during the Lemon Law rights period must
1190	be filed with the certified procedure no later than 60 days
1191	after the expiration of the Lemon Law rights period. If a
1192	consumer is not satisfied with the decision or the
1193	manufacturer's compliance therewith, the consumer may apply to
1194	the department division to have the dispute submitted to the
1195	board for arbitration. A manufacturer may not seek review of a
1196	decision made under its procedure.
1197	(3)  If a manufacturer has no certified procedure or if a
1198	certified procedure does not have jurisdiction to resolve the
1199	dispute, a consumer may apply directly to the department
1200	division to have the dispute submitted to the board for
1201	arbitration.
1202	(4)   A consumer must request arbitration before the board
1203	with respect to a claim arising during the Lemon Law rights
1204	period no later than 60 days after the expiration of the Lemon
1205	Law rights period, or within 30 days after the final action of a
1206	certified procedure, whichever date occurs later.
1207	(5)  The department division shall screen all requests for
1208	arbitration before the board to determine eligibility. The
1209	consumer's request for arbitration before the board shall be
1210	made on a form prescribed by the department. The department
1211	division shall assign forward to the board all disputes that the
1212	department division determines are potentially entitled to
1213	relief under this chapter.
1214	(6)  The department division may reject a dispute that it
1215	determines to be fraudulent or outside the scope of the board's
1216	authority. Any dispute deemed by the department division to be
1217	ineligible for arbitration by the board due to insufficient
1218	evidence may be reconsidered upon the submission of new
1219	information regarding the dispute. Following a second review,
1220	the department division may reject a dispute if the evidence is
1221	clearly insufficient to qualify for relief. If the department
1222	rejects a dispute, notice of such rejection Any dispute rejected
1223	by the division shall be forwarded to the department and a copy
1224	shall be sent by registered mail to the consumer and the
1225	manufacturer, containing a brief explanation as to the reason
1226	for rejection.
1227	(7)  If the department division rejects a dispute, the
1228	consumer may file a lawsuit to enforce the remedies provided
1229	under this chapter. In any civil action arising under this
1230	chapter and relating to a matter considered by the department
1231	division, any determination made to reject a dispute is
1232	admissible in evidence.
1233	(8)   The department may shall have the authority to adopt
1234	reasonable rules to administer carry out the provisions of this
1235	section.
1236	Section 54.  Subsections (2), (4), (5), (11), and (12) of
1237	section 681.1095, Florida Statutes, are amended to read:
1238	681.1095  Florida New Motor Vehicle Arbitration Board;
1239	creation and function.-
1240	(2)  The boards shall hear cases in various locations
1241	throughout the state so any consumer whose dispute is approved
1242	for arbitration by the department division may attend an
1243	arbitration hearing at a reasonably convenient location and
1244	present a dispute orally. Hearings shall be conducted by panels
1245	of three board members assigned by the department. A majority
1246	vote of the three-member board panel shall be required to render
1247	a decision. Arbitration proceedings under this section shall be
1248	open to the public on reasonable and nondiscriminatory terms.
1249	(4)  Before filing a civil action on a matter subject to s.
1250	681.104, the consumer must first submit the dispute to the
1251	department division, and to the board if such dispute is deemed
1252	eligible for arbitration.
1253	(5)  Manufacturers shall submit to arbitration conducted by
1254	the board if such arbitration is requested by a consumer and the
1255	dispute is deemed eligible for arbitration by the department
1256	division pursuant to s. 681.109.
1257	(11)  All provisions in this section and s. 681.109
1258	pertaining to compulsory arbitration before the board, the
1259	dispute eligibility screening by the department division, the
1260	proceedings and decisions of the board, and any appeals thereof,
1261	are exempt from the provisions of chapter 120.
1262	(12)  An appeal of a decision by the board to the circuit
1263	court by a consumer or a manufacturer shall be by trial de novo.
1264	In a written petition to appeal a decision by the board, the
1265	appealing party must state the action requested and the grounds
1266	relied upon for appeal. Within 30 days after of final
1267	disposition of the appeal, the appealing party shall furnish the
1268	department with notice of such disposition and, upon request,
1269	shall furnish the department with a copy of the order or
1270	judgment of the court.
1271	Section 55.  Subsections (2) and (4) of section 681.1096,
1272	Florida Statutes, are amended to read:
1273	681.1096  RV Mediation and Arbitration Program; creation
1274	and qualifications.-
1275	(2)  Each manufacturer of a recreational vehicle involved
1276	in a dispute that is determined eligible under this chapter,
1277	including chassis and component manufacturers which separately
1278	warrant the chassis and components and which otherwise meet the
1279	definition of manufacturer set forth in s. 681.102(13)(14),
1280	shall participate in a mediation and arbitration program that is
1281	deemed qualified by the department.
1282	(4)  The department shall monitor the program for
1283	compliance with this chapter. If the program is determined not
1284	qualified or if qualification is revoked, then disputes shall be
1285	subject to the provisions of ss. 681.109 and 681.1095. If the
1286	program is determined not qualified or if qualification is
1287	revoked as to a manufacturer, all those manufacturers
1288	potentially involved in the eligible consumer dispute shall be
1289	required to submit to arbitration conducted by the board if such
1290	arbitration is requested by a consumer and the dispute is deemed
1291	eligible for arbitration by the department division pursuant to
1292	s. 681.109. A consumer having a dispute involving one or more
1293	manufacturers for which the program has been determined not
1294	qualified, or for which qualification has been revoked, is not
1295	required to submit the dispute to the program irrespective of
1296	whether the program may be qualified as to some of the
1297	manufacturers potentially involved in the dispute.
1298	Section 56.  Subsection (2) of section 681.112, Florida
1299	Statutes, is amended to read:
1300	681.112  Consumer remedies.-
1301	(2)  An action brought under this chapter must be commenced
1302	within 1 year after the expiration of the Lemon Law rights
1303	period, or, if a consumer resorts to an informal dispute-
1304	settlement procedure or submits a dispute to the department
1305	division or board, within 1 year after the final action of the
1306	procedure, department division, or board.
1307	Section 57.  Subsection (1) of section 681.117, Florida
1308	Statutes, is amended to read:
1309	681.117  Fee.-
1310	(1)  A $2 fee shall be collected by a motor vehicle dealer,
1311	or by a person engaged in the business of leasing motor
1312	vehicles, from the consumer at the consummation of the sale of a
1313	motor vehicle or at the time of entry into a lease agreement for
1314	a motor vehicle. Such fees shall be remitted to the county tax
1315	collector or private tag agency acting as agent for the
1316	Department of Revenue. If the purchaser or lessee removes the
1317	motor vehicle from the state for titling and registration
1318	outside this state, the fee shall be remitted to the Department
1319	of Revenue. All fees, less the cost of administration, shall be
1320	transferred monthly to the Department of Legal Affairs for
1321	deposit into the Motor Vehicle Warranty Trust Fund. The
1322	Department of Legal Affairs shall distribute monthly an amount
1323	not exceeding one-fourth of the fees received to the Division of
1324	Consumer Services of the Department of Agriculture and Consumer
1325	Services to carry out the provisions of ss. 681.108 and 681.109.
1326	The Department of Legal Affairs shall contract with the Division
1327	of Consumer Services for payment of services performed by the
1328	division pursuant to ss. 681.108 and 681.109.
1329	Section 58.  (1)  Effective upon this act becoming a law,
1330	section 10 of chapter 2010-84, Laws of Florida, is amended to
1331	read:
1332	Section 10.  This act shall take effect July 1, 2014 2011.
1333	(2)  If this act becomes a law after June 30, 2011, this
1334	section shall operate retroactively to June 30, 2011.
1335	Section 59.  Except as otherwise expressly provided in this
1336	act and except for this section, which shall take effect upon
1337	this act becoming a law, this act shall take effect July 1,
1338	2011.

CODING: Words stricken are deletions; words underlined are additions.