Florida Senate - 2012                                    SB 1120
       
       
       
       By Senator Jones
       
       
       
       
       13-00697B-12                                          20121120__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Business and
    3         Professional Regulation; amending s. 210.01, F.S.;
    4         redefining the term “agent” as it relates to the
    5         cigarette tax, to conform to changes made by the act;
    6         amending s. 210.05, F.S.; deleting a provision that
    7         allows the cigarette tax to be paid by affixing a
    8         stamp insignia through a metering machine; amending s.
    9         210.07, F.S.; deleting provisions authorizing the use
   10         of metering machines; requiring retail dealers of
   11         cigarettes, rather than wholesale dealers, to affix to
   12         each such machine, in a conspicuous place, an
   13         identification sticker furnished by the Division of
   14         Alcoholic Beverages and Tobacco within the Department
   15         of Business and Professional Regulation; amending ss.
   16         210.11 and 210.12, F.S.; conforming provisions to
   17         changes made by the act; amending s. 210.15, F.S.;
   18         deleting a provision that prohibited the division from
   19         approving the use of meter machines to evidence the
   20         payment of the taxes on cigarettes except to qualified
   21         wholesale dealers; amending s. 210.18, F.S.;
   22         conforming provisions regarding penalties relating to
   23         the use of metering machines; amending s. 455.271,
   24         F.S.; deleting a provision that provides that a
   25         licensee of the department who changes from inactive
   26         to active status is not eligible to return to inactive
   27         status until the licensee thereafter completes a
   28         licensure cycle on active status; amending s. 475.02,
   29         F.S.; conforming a provision to changes made by the
   30         act; amending s. 475.180, F.S.; deleting a provision
   31         that requires an applicant for a real estate license
   32         who is not a resident of this state to file an
   33         irrevocable consent regarding lawsuits and actions
   34         commenced against the applicant; deleting provisions
   35         prescribing the method of service of process; amending
   36         s. 475.451, F.S.; deleting the requirement that an
   37         applicant to be chief administrator of a proprietary
   38         real estate school or state institution meet certain
   39         qualifications for licensure as a broker associate or
   40         sales associate and other minimal requirements;
   41         deleting the definition of the term “chief
   42         administrative person” as it relates to schools
   43         teaching real estate practice; repealing s.
   44         475.6235(7), F.S., relating to a nonresidential
   45         applicant’s requirement to file an irrevocable consent
   46         regarding lawsuits and actions against an appraisal
   47         management company; amending s. 475.631, F.S.;
   48         deleting the provision that requires an applicant for
   49         licensure as an appraiser who is not a resident of
   50         this state to file an irrevocable consent regarding
   51         lawsuits and actions commenced against the applicant;
   52         deleting the method of service of process; repealing
   53         s. 476.124, F.S., relating to certain application
   54         requirements for licensing examinations in barbering;
   55         amending s. 561.23, F.S.; deleting the requirement
   56         that licenses issued under the Beverage Law be issued
   57         in duplicate; providing an effective date.
   58  
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsection (9) of section 210.01, Florida
   62  Statutes, is amended to read:
   63         210.01 Definitions.—When used in this part the following
   64  words shall have the meaning herein indicated:
   65         (9) “Agent” means any person authorized by the Division of
   66  Alcoholic Beverages and Tobacco to purchase and affix adhesive
   67  or meter stamps under this part.
   68         Section 2. Subsection (1) of section 210.05, Florida
   69  Statutes, is amended to read:
   70         210.05 Preparation and sale of stamps; discount.—
   71         (1) The tax imposed by this part shall be paid by affixing
   72  stamps in the manner herein set forth or by affixing stamp
   73  insignia through the device of metering machines authorized in
   74  this part.
   75         Section 3. Section 210.07, Florida Statutes, is amended to
   76  read:
   77         210.07 Metering Machines.—
   78         (1)(a) The tax may also be paid through the use of
   79  cigarette tax stamp insignia to be applied by the use of
   80  metering machines. The division shall prescribe and promulgate
   81  appropriate rules and regulations governing the use of metering
   82  machines, the procedure for the payment of such cigarette taxes
   83  through the use thereof, requiring adequate surety bonds of the
   84  users thereof to assure the proper use of such machines and
   85  payment of all cigarette taxes that might come due by the users
   86  thereof, and all other rules and regulations necessary and
   87  proper to govern the use of same.
   88         (b) The provisions of s. 210.05(3)(a) and (b) shall be
   89  applicable to cigarette taxes paid through the use of metering
   90  machines.
   91         (2) All provisions of this part governing the use of
   92  cigarette tax stamps, the compiling of records, the making of
   93  reports, permits and revocation of permits, seizures and
   94  forfeitures, penalties, and all other provisions pertaining to
   95  the payment of cigarette taxes through the use of stamps, shall
   96  likewise be applicable to the payment of said taxes through the
   97  use of metering machines.
   98         (1)(3)Wholesale or Retail dealers of cigarettes owning,
   99  leasing, furnishing, or operating cigarette vending machines
  100  shall affix to each such machine, in a conspicuous place, an
  101  identification sticker furnished by the division. Every sticker
  102  shall show the vending machine serial number and the name and
  103  address of the cigarette wholesale or retail dealer owning,
  104  leasing, furnishing, or operating the said vending machine.
  105         (2)(4)A person may not operate a No vending machine shall
  106  be allowed to operate in the state unless that does not have
  107  affixed thereto the identification sticker required by this
  108  section is affixed to the vending machine. A person may not
  109  operate a nor shall any vending machine be allowed to operate in
  110  the state which that does not display at all times at least one
  111  package of each brand of the packages located therein so the
  112  same are clearly visible and arranged in such a manner that the
  113  cigarette tax stamps or meter impressions of stamps affixed
  114  thereto are clearly visible. A It shall be the duty of any
  115  person, firm, or corporation operating a cigarette vending
  116  machine in this state must to furnish to the division the
  117  location of the vending machine and to report within 30 days to
  118  the division any change of location of the vending machine.
  119         Section 4. Section 210.11, Florida Statutes, is amended to
  120  read:
  121         210.11 Refunds; sales of stamps and payment of tax.
  122  Whenever any cigarettes upon which stamps have been placed, or
  123  upon which the tax has been paid by metering machine, have been
  124  sold and shipped into another state for sale or use therein, or
  125  have become unfit for use and consumption or unsalable, or have
  126  been destroyed, the dealer involved shall be entitled to a
  127  refund or credit of the actual amount of the tax paid with
  128  respect to such cigarettes less any discount allowed by the
  129  division in the sale of the stamps or payment of the tax by
  130  metering machine, upon receipt of satisfactory evidence of the
  131  dealer’s right to receive such refund or credit, provided
  132  application for refund or credit is made within 9 months after
  133  of the date the cigarettes were shipped out of the state, became
  134  unfit, or were destroyed. Only the division shall sell, or offer
  135  for sale, any stamp or stamps issued under this part. The
  136  division may redeem unused stamps lawfully in the possession of
  137  any person. The division may prescribe necessary rules and
  138  regulations concerning refunds, credits, sales of stamps, and
  139  redemptions under the provisions of this part. Appropriation is
  140  hereby made out of revenues collected under this part for
  141  payment of such allowances.
  142         Section 5. Subsection (1) of section 210.12, Florida
  143  Statutes, is amended to read:
  144         210.12 Seizures; forfeiture proceedings.—
  145         (1) The state, acting by and through the division, may
  146  shall be authorized and empowered to seize, confiscate, and
  147  forfeit any cigarettes upon which taxes payable hereunder may be
  148  unpaid or which that are otherwise held in violation of the
  149  requirements of this chapter, and also any vending machine or
  150  receptacle in which cigarettes upon which taxes have not been
  151  paid are held for sale, or any vending machine that does not
  152  have affixed thereto the identification sticker required by the
  153  provisions of s. 210.07, or that which does not display at all
  154  times at least one package of each brand of cigarettes located
  155  therein so the same is clearly visible and arranged in such a
  156  manner that the cigarette tax stamp or meter impression of the
  157  stamp affixed thereto is clearly visible. Such seizure may be
  158  made by the division, its duly authorized representative, any
  159  sheriff or deputy sheriff, or any police officer.
  160         Section 6. Subsection (2) of section 210.15, Florida
  161  Statutes, is amended to read:
  162         210.15 Permits.—
  163         (2) The division may not furnish stamps or approve the use
  164  of meter machines to evidence the payment of the taxes on
  165  cigarettes except to qualified wholesale dealers.
  166         Section 7. Subsection (3) of section 210.18, Florida
  167  Statutes, is amended to read:
  168         210.18 Penalties for tax evasion; reports by sheriffs.—
  169         (3) Any person who falsely or fraudulently makes, forges,
  170  alters, or counterfeits any stamp or impression die used in
  171  meter machines prescribed by the division under the provisions
  172  of this part; or, with intent to evade taxes, jams, tampers
  173  with, or alters such a machine; or causes or procures to be
  174  falsely or fraudulently made, forged, altered, or counterfeited
  175  any such stamp or die; or knowingly and willfully utters,
  176  purchases, passes or tenders as true any such false, altered, or
  177  counterfeited stamp or die impression; or, with the intent to
  178  defraud the state, fails to comply with any other requirement of
  179  this part commits a felony of the third degree, punishable as
  180  provided in s. 775.082, s. 775.083, or s. 775.084.
  181         Section 8. Subsection (2) of section 455.271, Florida
  182  Statutes, is amended to read:
  183         455.271 Inactive and delinquent status.—
  184         (2) Each board, or the department when there is no board,
  185  shall permit a licensee to choose, at the time of licensure
  186  renewal, an active or inactive status. However, a licensee who
  187  changes from inactive to active status is not eligible to return
  188  to inactive status until the licensee thereafter completes a
  189  licensure cycle on active status.
  190         Section 9. Subsection (3) of section 475.02, Florida
  191  Statutes, is amended to read:
  192         475.02 Florida Real Estate Commission.—
  193         (3) Notwithstanding s. 112.313, any member of the
  194  commission who is a licensed real estate broker or sales
  195  associate and who holds an active real estate school permit,
  196  chief administrator permit, school instructor permit, or any
  197  combination of such permits issued by the department, to the
  198  extent authorized pursuant to such permit, may offer, conduct,
  199  or teach any course prescribed or approved by the commission or
  200  the department.
  201         Section 10. Subsection (2) of section 475.180, Florida
  202  Statutes, is amended to read:
  203         475.180 Nonresident licenses.—
  204         (2)(a) Any applicant who is not a resident of this state
  205  shall file an irrevocable consent that suits and actions may be
  206  commenced against her or him in any county of this state in
  207  which a plaintiff having a cause of action or suit against her
  208  or him resides, and that service of any process or pleading in
  209  suits or actions against her or him may be made by delivering
  210  the process or pleading to the director of the Division of Real
  211  Estate by certified mail, return receipt requested, and also to
  212  the licensee by registered mail addressed to the licensee at her
  213  or his designated principal place of business. Service, when so
  214  made, must be taken and held in all courts to be as valid and
  215  binding upon the licensee as if made upon her or him in this
  216  state within the jurisdiction of the court in which the suit or
  217  action is filed. The irrevocable consent must be in a form
  218  prescribed by the department and be acknowledged before a notary
  219  public.
  220         (a)(b) Any resident licensee who becomes a nonresident
  221  shall, within 60 days, notify the commission of the change in
  222  residency and comply with nonresident requirements. Failure to
  223  notify and comply is a violation of the license law, subject to
  224  the penalties in s. 475.25.
  225         (b)(c) All nonresident applicants and licensees shall
  226  comply with all requirements of commission rules and this part.
  227  The commission may adopt rules necessary for the regulation of
  228  nonresident licensees.
  229         Section 11. Subsection (2) of section 475.451, Florida
  230  Statutes, is amended to read:
  231         475.451 Schools teaching real estate practice.—
  232         (2) An applicant for a permit to operate a proprietary real
  233  estate school, to be a chief administrator of a proprietary real
  234  estate school or a state institution, or to be an instructor for
  235  a proprietary real estate school or a state institution must
  236  meet the qualifications for practice set forth in s. 475.17(1)
  237  and the following minimal requirements:
  238         (a) “School permitholder” means the individual who is
  239  responsible for directing the overall operation of a proprietary
  240  real estate school. A school permitholder must be the holder of
  241  a license as a broker, either active or voluntarily inactive, or
  242  must have passed an instructor’s examination approved by the
  243  commission. A school permitholder must also meet the
  244  requirements of a school instructor if actively engaged in
  245  teaching.
  246         (b) “Chief administrative person” means the individual who
  247  is responsible for the administration of the overall policies
  248  and practices of the institution or proprietary real estate
  249  school. A chief administrative person must also meet the
  250  requirements of a school instructor if actively engaged in
  251  teaching.
  252         (b)(c) “School instructor” means an individual who
  253  instructs persons in the classroom in noncredit college courses
  254  in a college, university, or community college or courses in a
  255  career center or proprietary real estate school.
  256         1. Before commencing to provide such instruction, the
  257  applicant must certify the applicant’s competency and obtain an
  258  instructor permit by meeting one of the following requirements:
  259         a. Hold a bachelor’s degree in a business-related subject,
  260  such as real estate, finance, accounting, business
  261  administration, or its equivalent and hold a valid broker’s
  262  license in this state.
  263         b. Hold a bachelor’s degree, have extensive real estate
  264  experience, as defined by rule, and hold a valid broker’s
  265  license in this state.
  266         c. Pass an instructor’s examination approved by the
  267  commission.
  268         2. Any requirement by the commission for a teaching
  269  demonstration or practical examination must apply to all school
  270  instructor applicants.
  271         3. The department shall renew an instructor permit upon
  272  receipt of a renewal application and fee. The renewal
  273  application shall include proof that the permitholder has, since
  274  the issuance or renewal of the current permit, successfully
  275  completed a minimum of 7 classroom hours of instruction in real
  276  estate subjects or instructional techniques, as prescribed by
  277  the commission. The commission shall adopt rules providing for
  278  the renewal of instructor permits at least every 2 years. Any
  279  permit that which is not renewed at the end of the permit period
  280  established by the department shall automatically reverts revert
  281  to involuntarily inactive status.
  282  
  283  The department may require an applicant to submit names of
  284  persons having knowledge concerning the applicant and the
  285  enterprise; may propound interrogatories to such persons and to
  286  the applicant concerning the character of the applicant,
  287  including the taking of fingerprints for processing through the
  288  Federal Bureau of Investigation; and shall make such
  289  investigation of the applicant or the school or institution as
  290  it may deem necessary to the granting of the permit. If an
  291  objection is filed, it shall be considered in the same manner as
  292  objections or administrative complaints against other applicants
  293  for licensure by the department.
  294         Section 12. Subsection (7) of section 475.6235, Florida
  295  Statutes, is repealed.
  296         Section 13. Subsection (2) of section 475.631, Florida
  297  Statutes, is amended to read:
  298         475.631 Nonresident licenses and certifications.—
  299         (2)(a) An applicant who is not a resident of this state
  300  shall file an irrevocable consent that suits and actions may be
  301  commenced against her or him in any county of this state in
  302  which a plaintiff having a cause of action or suit against her
  303  or him resides and that service of any process or pleading in
  304  suits or actions against her or him may be made by delivering
  305  the process or pleading to the director of the Division of Real
  306  Estate by certified mail, return receipt requested, and also to
  307  the certified appraiser or licensee by registered mail addressed
  308  to the certified appraiser or licensee at her or his designated
  309  principal place of business. Service, when so made, must be
  310  taken and held in all courts to be as valid and binding upon the
  311  certified appraiser or licensee as if made upon her or him in
  312  this state within the jurisdiction of the court in which the
  313  suit or action is filed. The irrevocable consent must be in a
  314  form prescribed by the department and be acknowledged before a
  315  notary public.
  316         (a)(b) Any resident state-certified appraiser who becomes a
  317  nonresident shall, within 60 days, notify the board of the
  318  change in residency and comply with nonresident requirements.
  319  Failure to notify and comply is a violation of the license law,
  320  subject to the penalties in s. 475.624.
  321         (b)(c) All nonresident applicants, certified appraisers,
  322  and licensees shall comply with all requirements of board rules
  323  and this part. The board may adopt rules pursuant to ss.
  324  120.536(1) and 120.54 necessary for the regulation of
  325  nonresident certified appraisers and licensees.
  326         Section 14. Section 476.124, Florida Statutes, is repealed.
  327         Section 15. Section 561.23, Florida Statutes, is amended to
  328  read:
  329         561.23 License issued in duplicate; display.—
  330         (1) Licenses shall be issued in duplicate. The original
  331  license shall be delivered to the licensee; and one copy shall
  332  be retained by the division.
  333         (2) All vendors licensed under the Beverage Law shall
  334  display their licenses in conspicuous places on their licensed
  335  premises.
  336         Section 16. This act shall take effect upon becoming a law.