Florida Senate - 2012                             CS for SB 1120
       
       
       
       By the Committee on Budget Subcommittee on General Government
       Appropriations; and Senator Jones
       
       
       
       601-04286-12                                          20121120c1
    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; amending s. 565.07, F.S.; allowing
   58         certain high-proof distilled spirits to be distilled,
   59         bottled, packaged, or processed for export or sale
   60         outside this state; providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Subsection (9) of section 210.01, Florida
   65  Statutes, is amended to read:
   66         210.01 Definitions.—When used in this part the following
   67  words shall have the meaning herein indicated:
   68         (9) “Agent” means any person authorized by the Division of
   69  Alcoholic Beverages and Tobacco to purchase and affix adhesive
   70  or meter stamps under this part.
   71         Section 2. Subsection (1) of section 210.05, Florida
   72  Statutes, is amended to read:
   73         210.05 Preparation and sale of stamps; discount.—
   74         (1) The tax imposed by this part shall be paid by affixing
   75  stamps in the manner herein set forth or by affixing stamp
   76  insignia through the device of metering machines authorized in
   77  this part.
   78         Section 3. Section 210.07, Florida Statutes, is amended to
   79  read:
   80         210.07 Metering Machines.—
   81         (1)(a) The tax may also be paid through the use of
   82  cigarette tax stamp insignia to be applied by the use of
   83  metering machines. The division shall prescribe and promulgate
   84  appropriate rules and regulations governing the use of metering
   85  machines, the procedure for the payment of such cigarette taxes
   86  through the use thereof, requiring adequate surety bonds of the
   87  users thereof to assure the proper use of such machines and
   88  payment of all cigarette taxes that might come due by the users
   89  thereof, and all other rules and regulations necessary and
   90  proper to govern the use of same.
   91         (b) The provisions of s. 210.05(3)(a) and (b) shall be
   92  applicable to cigarette taxes paid through the use of metering
   93  machines.
   94         (2) All provisions of this part governing the use of
   95  cigarette tax stamps, the compiling of records, the making of
   96  reports, permits and revocation of permits, seizures and
   97  forfeitures, penalties, and all other provisions pertaining to
   98  the payment of cigarette taxes through the use of stamps, shall
   99  likewise be applicable to the payment of said taxes through the
  100  use of metering machines.
  101         (1)(3)Wholesale or Retail dealers of cigarettes owning,
  102  leasing, furnishing, or operating cigarette vending machines
  103  shall affix to each such machine, in a conspicuous place, an
  104  identification sticker furnished by the division. Every sticker
  105  shall show the vending machine serial number and the name and
  106  address of the cigarette wholesale or retail dealer owning,
  107  leasing, furnishing, or operating the said vending machine.
  108         (2)(4)A person may not operate a No vending machine shall
  109  be allowed to operate in the state unless that does not have
  110  affixed thereto the identification sticker required by this
  111  section is affixed to the vending machine. A person may not
  112  operate a nor shall any vending machine be allowed to operate in
  113  the state which that does not display at all times at least one
  114  package of each brand of the packages located therein so the
  115  same are clearly visible and arranged in such a manner that the
  116  cigarette tax stamps or meter impressions of stamps affixed
  117  thereto are clearly visible. A It shall be the duty of any
  118  person, firm, or corporation operating a cigarette vending
  119  machine in this state must to furnish to the division the
  120  location of the vending machine and to report within 30 days to
  121  the division any change of location of the vending machine.
  122         Section 4. Section 210.11, Florida Statutes, is amended to
  123  read:
  124         210.11 Refunds; sales of stamps and payment of tax.
  125  Whenever any cigarettes upon which stamps have been placed, or
  126  upon which the tax has been paid by metering machine, have been
  127  sold and shipped into another state for sale or use therein, or
  128  have become unfit for use and consumption or unsalable, or have
  129  been destroyed, the dealer involved shall be entitled to a
  130  refund or credit of the actual amount of the tax paid with
  131  respect to such cigarettes less any discount allowed by the
  132  division in the sale of the stamps or payment of the tax by
  133  metering machine, upon receipt of satisfactory evidence of the
  134  dealer’s right to receive such refund or credit, provided
  135  application for refund or credit is made within 9 months after
  136  of the date the cigarettes were shipped out of the state, became
  137  unfit, or were destroyed. Only the division shall sell, or offer
  138  for sale, any stamp or stamps issued under this part. The
  139  division may redeem unused stamps lawfully in the possession of
  140  any person. The division may prescribe necessary rules and
  141  regulations concerning refunds, credits, sales of stamps, and
  142  redemptions under the provisions of this part. Appropriation is
  143  hereby made out of revenues collected under this part for
  144  payment of such allowances.
  145         Section 5. Subsection (1) of section 210.12, Florida
  146  Statutes, is amended to read:
  147         210.12 Seizures; forfeiture proceedings.—
  148         (1) The state, acting by and through the division, may
  149  shall be authorized and empowered to seize, confiscate, and
  150  forfeit any cigarettes upon which taxes payable hereunder may be
  151  unpaid or which that are otherwise held in violation of the
  152  requirements of this chapter, and also any vending machine or
  153  receptacle in which cigarettes upon which taxes have not been
  154  paid are held for sale, or any vending machine that does not
  155  have affixed thereto the identification sticker required by the
  156  provisions of s. 210.07, or that which does not display at all
  157  times at least one package of each brand of cigarettes located
  158  therein so the same is clearly visible and arranged in such a
  159  manner that the cigarette tax stamp or meter impression of the
  160  stamp affixed thereto is clearly visible. Such seizure may be
  161  made by the division, its duly authorized representative, any
  162  sheriff or deputy sheriff, or any police officer.
  163         Section 6. Subsection (2) of section 210.15, Florida
  164  Statutes, is amended to read:
  165         210.15 Permits.—
  166         (2) The division may not furnish stamps or approve the use
  167  of meter machines to evidence the payment of the taxes on
  168  cigarettes except to qualified wholesale dealers.
  169         Section 7. Subsection (3) of section 210.18, Florida
  170  Statutes, is amended to read:
  171         210.18 Penalties for tax evasion; reports by sheriffs.—
  172         (3) Any person who falsely or fraudulently makes, forges,
  173  alters, or counterfeits any stamp or impression die used in
  174  meter machines prescribed by the division under the provisions
  175  of this part; or, with intent to evade taxes, jams, tampers
  176  with, or alters such a machine; or causes or procures to be
  177  falsely or fraudulently made, forged, altered, or counterfeited
  178  any such stamp or die; or knowingly and willfully utters,
  179  purchases, passes or tenders as true any such false, altered, or
  180  counterfeited stamp or die impression; or, with the intent to
  181  defraud the state, fails to comply with any other requirement of
  182  this part commits a felony of the third degree, punishable as
  183  provided in s. 775.082, s. 775.083, or s. 775.084.
  184         Section 8. Subsection (2) of section 455.271, Florida
  185  Statutes, is amended to read:
  186         455.271 Inactive and delinquent status.—
  187         (2) Each board, or the department when there is no board,
  188  shall permit a licensee to choose, at the time of licensure
  189  renewal, an active or inactive status. However, a licensee who
  190  changes from inactive to active status is not eligible to return
  191  to inactive status until the licensee thereafter completes a
  192  licensure cycle on active status.
  193         Section 9. Subsection (3) of section 475.02, Florida
  194  Statutes, is amended to read:
  195         475.02 Florida Real Estate Commission.—
  196         (3) Notwithstanding s. 112.313, any member of the
  197  commission who is a licensed real estate broker or sales
  198  associate and who holds an active real estate school permit,
  199  chief administrator permit, school instructor permit, or any
  200  combination of such permits issued by the department, to the
  201  extent authorized pursuant to such permit, may offer, conduct,
  202  or teach any course prescribed or approved by the commission or
  203  the department.
  204         Section 10. Subsection (2) of section 475.180, Florida
  205  Statutes, is amended to read:
  206         475.180 Nonresident licenses.—
  207         (2)(a) Any applicant who is not a resident of this state
  208  shall file an irrevocable consent that suits and actions may be
  209  commenced against her or him in any county of this state in
  210  which a plaintiff having a cause of action or suit against her
  211  or him resides, and that service of any process or pleading in
  212  suits or actions against her or him may be made by delivering
  213  the process or pleading to the director of the Division of Real
  214  Estate by certified mail, return receipt requested, and also to
  215  the licensee by registered mail addressed to the licensee at her
  216  or his designated principal place of business. Service, when so
  217  made, must be taken and held in all courts to be as valid and
  218  binding upon the licensee as if made upon her or him in this
  219  state within the jurisdiction of the court in which the suit or
  220  action is filed. The irrevocable consent must be in a form
  221  prescribed by the department and be acknowledged before a notary
  222  public.
  223         (a)(b) Any resident licensee who becomes a nonresident
  224  shall, within 60 days, notify the commission of the change in
  225  residency and comply with nonresident requirements. Failure to
  226  notify and comply is a violation of the license law, subject to
  227  the penalties in s. 475.25.
  228         (b)(c) All nonresident applicants and licensees shall
  229  comply with all requirements of commission rules and this part.
  230  The commission may adopt rules necessary for the regulation of
  231  nonresident licensees.
  232         Section 11. Subsection (2) of section 475.451, Florida
  233  Statutes, is amended to read:
  234         475.451 Schools teaching real estate practice.—
  235         (2) An applicant for a permit to operate a proprietary real
  236  estate school, to be a chief administrator of a proprietary real
  237  estate school or a state institution, or to be an instructor for
  238  a proprietary real estate school or a state institution must
  239  meet the qualifications for practice set forth in s. 475.17(1)
  240  and the following minimal requirements:
  241         (a) “School permitholder” means the individual who is
  242  responsible for directing the overall operation of a proprietary
  243  real estate school. A school permitholder must be the holder of
  244  a license as a broker, either active or voluntarily inactive, or
  245  must have passed an instructor’s examination approved by the
  246  commission. A school permitholder must also meet the
  247  requirements of a school instructor if actively engaged in
  248  teaching.
  249         (b) “Chief administrative person” means the individual who
  250  is responsible for the administration of the overall policies
  251  and practices of the institution or proprietary real estate
  252  school. A chief administrative person must also meet the
  253  requirements of a school instructor if actively engaged in
  254  teaching.
  255         (b)(c) “School instructor” means an individual who
  256  instructs persons in the classroom in noncredit college courses
  257  in a college, university, or community college or courses in a
  258  career center or proprietary real estate school.
  259         1. Before commencing to provide such instruction, the
  260  applicant must certify the applicant’s competency and obtain an
  261  instructor permit by meeting one of the following requirements:
  262         a. Hold a bachelor’s degree in a business-related subject,
  263  such as real estate, finance, accounting, business
  264  administration, or its equivalent and hold a valid broker’s
  265  license in this state.
  266         b. Hold a bachelor’s degree, have extensive real estate
  267  experience, as defined by rule, and hold a valid broker’s
  268  license in this state.
  269         c. Pass an instructor’s examination approved by the
  270  commission.
  271         2. Any requirement by the commission for a teaching
  272  demonstration or practical examination must apply to all school
  273  instructor applicants.
  274         3. The department shall renew an instructor permit upon
  275  receipt of a renewal application and fee. The renewal
  276  application shall include proof that the permitholder has, since
  277  the issuance or renewal of the current permit, successfully
  278  completed a minimum of 7 classroom hours of instruction in real
  279  estate subjects or instructional techniques, as prescribed by
  280  the commission. The commission shall adopt rules providing for
  281  the renewal of instructor permits at least every 2 years. Any
  282  permit that which is not renewed at the end of the permit period
  283  established by the department shall automatically reverts revert
  284  to involuntarily inactive status.
  285  
  286  The department may require an applicant to submit names of
  287  persons having knowledge concerning the applicant and the
  288  enterprise; may propound interrogatories to such persons and to
  289  the applicant concerning the character of the applicant,
  290  including the taking of fingerprints for processing through the
  291  Federal Bureau of Investigation; and shall make such
  292  investigation of the applicant or the school or institution as
  293  it may deem necessary to the granting of the permit. If an
  294  objection is filed, it shall be considered in the same manner as
  295  objections or administrative complaints against other applicants
  296  for licensure by the department.
  297         Section 12. Subsection (7) of section 475.6235, Florida
  298  Statutes, is repealed.
  299         Section 13. Subsection (2) of section 475.631, Florida
  300  Statutes, is amended to read:
  301         475.631 Nonresident licenses and certifications.—
  302         (2)(a) An applicant who is not a resident of this state
  303  shall file an irrevocable consent that suits and actions may be
  304  commenced against her or him in any county of this state in
  305  which a plaintiff having a cause of action or suit against her
  306  or him resides and that service of any process or pleading in
  307  suits or actions against her or him may be made by delivering
  308  the process or pleading to the director of the Division of Real
  309  Estate by certified mail, return receipt requested, and also to
  310  the certified appraiser or licensee by registered mail addressed
  311  to the certified appraiser or licensee at her or his designated
  312  principal place of business. Service, when so made, must be
  313  taken and held in all courts to be as valid and binding upon the
  314  certified appraiser or licensee as if made upon her or him in
  315  this state within the jurisdiction of the court in which the
  316  suit or action is filed. The irrevocable consent must be in a
  317  form prescribed by the department and be acknowledged before a
  318  notary public.
  319         (a)(b) Any resident state-certified appraiser who becomes a
  320  nonresident shall, within 60 days, notify the board of the
  321  change in residency and comply with nonresident requirements.
  322  Failure to notify and comply is a violation of the license law,
  323  subject to the penalties in s. 475.624.
  324         (b)(c) All nonresident applicants, certified appraisers,
  325  and licensees shall comply with all requirements of board rules
  326  and this part. The board may adopt rules pursuant to ss.
  327  120.536(1) and 120.54 necessary for the regulation of
  328  nonresident certified appraisers and licensees.
  329         Section 14. Section 476.124, Florida Statutes, is repealed.
  330         Section 15. Section 561.23, Florida Statutes, is amended to
  331  read:
  332         561.23 License issued in duplicate; display.—
  333         (1) Licenses shall be issued in duplicate. The original
  334  license shall be delivered to the licensee; and one copy shall
  335  be retained by the division.
  336         (2) All vendors licensed under the Beverage Law shall
  337  display their licenses in conspicuous places on their licensed
  338  premises.
  339         Section 16. Section 565.07, Florida Statutes, is amended to
  340  read:
  341         565.07 Sale or consumption of certain distilled spirits
  342  prohibited.—A No distilled spirit greater than 153 proof may not
  343  shall be sold, processed, or consumed in the state. However, a
  344  distilled spirit greater than 153 proof may be distilled,
  345  bottled, packaged, or processed for export or sale outside the
  346  state.
  347         Section 17. This act shall take effect upon becoming a law.