Florida Senate - 2012                                    SB 1252
       By Senator Jones
       13-00725B-12                                          20121252__
    1                        A bill to be entitled                      
    2         An act relating to business and professional
    3         regulation; amending s. 20.165, F.S.; expanding
    4         divisions of the Department of Business and
    5         Professional Regulation to include the Florida State
    6         Boxing Commission; assigning certain programs to the
    7         department’s Division of Regulation; amending s.
    8         455.01, F.S.; revising the definition of the term
    9         “profession” to include the regulatory purview of the
   10         Florida State Boxing Commission; amending s. 455.213,
   11         F.S.; waiving initial licensing, application, and
   12         unlicensed activity fees for certain military
   13         veterans; amending s. 455.2179, F.S.; revising
   14         continuing education provider and course approval
   15         procedures; amending s. 455.271, F.S.; limiting to the
   16         department the authority to reinstate a license that
   17         has become void under certain circumstances; amending
   18         s. 455.273, F.S.; revising the method of license
   19         renewal notification or notice of pending cancellation
   20         of licensure to include an e-mail address; deleting a
   21         requirement that a licensure renewal notification and
   22         a notice of cancellation of licensure include certain
   23         information regarding the applicant; amending s.
   24         455.275, F.S.; revising a provision relating to
   25         maintenance of current address-of-record information
   26         to include e-mail address; revising a provision
   27         relating to notice to a licensee to allow service of
   28         process by e-mail; amending s. 475.451, F.S.;
   29         authorizing distance learning courses as an acceptable
   30         alternative to classroom instruction for renewal of a
   31         real estate instructor permit; providing that distance
   32         learning courses are under the discretion of the
   33         school offering the real estate course; requiring
   34         distance learning courses to adhere to certain
   35         requirements; amending s. 475.611, F.S.; revising the
   36         definition of the terms “appraisal management company”
   37         and “appraisal management services”; amending s.
   38         475.6171, F.S.; revising requirements for the issuance
   39         of registration or certification upon receipt of
   40         proper documentation; amending s. 475.6235, F.S.;
   41         revising provisions relating to titles an appraisal
   42         management company must be registered to use;
   43         providing exemptions from registration requirements;
   44         amending s. 475.6245, F.S.; providing additional
   45         grounds for discipline of appraisal management
   46         companies, to which penalties apply; amending s.
   47         476.188, F.S.; revising the list of locations for the
   48         performance of barber services not in a registered
   49         barbershop; amending s. 477.0135, F.S.; exempting from
   50         cosmetology licensure individuals who perform makeup
   51         services to the general public; amending s. 477.019,
   52         F.S.; revising procedures for cosmetology licensure by
   53         endorsement to authorize work experience as a
   54         substitute for educational hours; amending s.
   55         477.0263, F.S.; authorizing the performance of
   56         cosmetology and specialty services in a location other
   57         than a licensed salon under certain circumstances;
   58         reenacting and amending s. 489.118, F.S.; reviving
   59         grandfathering provisions and establishing a new
   60         deadline for applications for certification of certain
   61         registered contractors; amending s. 548.006, F.S.;
   62         expanding the power of the Florida State Boxing
   63         Commission to control pugilistic contests and
   64         exhibitions to include exclusive jurisdiction over the
   65         approval of amateur sanctioning organizations for
   66         mixed martial arts; amending s. 548.0065, F.S.;
   67         requiring an amateur sanctioning organizations to file
   68         with the commission advanced notice regarding
   69         location, date, and time of certain matches; amending
   70         s. 548.008, F.S.; revising the penalty for
   71         participating in a prohibited match; providing an
   72         effective date.
   74  Be It Enacted by the Legislature of the State of Florida:
   76         Section 1. Paragraph (l) is added to subsection (2) and
   77  paragraph (d) is added to subsection (4) of section 20.165,
   78  Florida Statutes, to read:
   79         20.165 Department of Business and Professional Regulation.
   80  There is created a Department of Business and Professional
   81  Regulation.
   82         (2) The following divisions of the Department of Business
   83  and Professional Regulation are established:
   84         (l) Florida State Boxing Commission.
   85         (4)
   86         (d) The following programs are established within the
   87  Division of Regulation:
   88         1. Child Labor Program, created under part I of chapter
   89  450.
   90         2. Farm Labor Program, created under part III of chapter
   91  450.
   92         Section 2. Subsection (6) of section 455.01, Florida
   93  Statutes, is amended to read:
   94         455.01 Definitions.—As used in this chapter, the term:
   95         (6) “Profession” means any activity, occupation,
   96  profession, or vocation regulated by the department in the
   97  Divisions of Certified Public Accounting, Professions, Real
   98  Estate, and Regulation, and the Florida State Boxing Commission.
   99         Section 3. Subsection (12) is added to section 455.213,
  100  Florida Statutes, to read:
  101         455.213 General licensing provisions.—
  102         (12) The department shall waive the initial licensing fee,
  103  the initial application fee, and the initial unlicensed activity
  104  fee for a military veteran who applies to the department for a
  105  license, in a format prescribed by the department, within 24
  106  months after discharge from any branch of the United States
  107  Armed Forces. To qualify for this waiver, the veteran must have
  108  been honorably discharged.
  109         Section 4. Subsection (1) of section 455.2179, Florida
  110  Statutes, is amended to read:
  111         455.2179 Continuing education provider and course approval;
  112  cease and desist orders.—
  113         (1) If a board, or the department if there is no board,
  114  requires completion of continuing education as a requirement for
  115  renewal of a license, the board, or the department if there is
  116  no board, shall approve the providers and courses for of the
  117  continuing education. Notwithstanding this subsection or any
  118  other provision of law, the department may approve continuing
  119  education providers or courses even if there is a board. If the
  120  department determines that an application for a continuing
  121  education provider or course requires expert review or should be
  122  denied, the department shall forward the application to the
  123  appropriate board for review and approval or denial. The
  124  approval of continuing education providers and courses must be
  125  for a specified period of time, not to exceed 4 years. An
  126  approval that does not include such a time limitation may remain
  127  in effect pursuant to the applicable practice act or the rules
  128  adopted under the applicable practice act. Notwithstanding this
  129  subsection or any other provision of law, only the department
  130  may determine the contents of any documents submitted for
  131  approval of a continuing education provider or course.
  132         Section 5. Paragraph (b) of subsection (6) of section
  133  455.271, Florida Statutes, is amended to read:
  134         455.271 Inactive and delinquent status.—
  135         (6)
  136         (b) Notwithstanding the provisions of the professional
  137  practice acts administered by the department, the board, or the
  138  department if there is no board, may, at its discretion,
  139  reinstate the license of an individual whose license has become
  140  void if the board or department, as applicable, determines that
  141  the individual has made a good faith effort to comply with this
  142  section but has failed to comply because of illness or unusual
  143  economic hardship. The individual must apply to the board, or
  144  the department if there is no board, for reinstatement in a
  145  manner prescribed by rules of the board or the department, as
  146  applicable, and shall pay an applicable fee in an amount
  147  determined by rule. The board, or the department if there is no
  148  board, shall require that such individual meet all continuing
  149  education requirements prescribed by law, pay appropriate
  150  licensing fees, and otherwise be eligible for renewal of
  151  licensure under this chapter.
  153  This subsection does not apply to individuals subject to
  154  regulation under chapter 473.
  155         Section 6. Section 455.273, Florida Statutes, is amended to
  156  read:
  157         455.273 Renewal and cancellation notices.—
  158         (1) At least 90 days before the end of a licensure cycle,
  159  the department of Business and Professional Regulation shall:
  160         (1)(a) Forward a licensure renewal notification to an
  161  active or inactive licensee at the licensee’s last known address
  162  of record or e-mail address provided to with the department.
  163         (2)(b) Forward a notice of pending cancellation of
  164  licensure to a delinquent status licensee at the licensee’s last
  165  known address of record or e-mail address provided to with the
  166  department.
  167         (2) Each licensure renewal notification and each notice of
  168  pending cancellation of licensure must state conspicuously that
  169  a licensee who remains on inactive status for more than two
  170  consecutive biennial licensure cycles and who wishes to
  171  reactivate the license may be required to demonstrate the
  172  competency to resume active practice by sitting for a special
  173  purpose examination or by completing other reactivation
  174  requirements, as defined by rule of the board or the department
  175  when there is no board.
  176         Section 7. Subsections (1) and (2) of section 455.275,
  177  Florida Statutes, are amended to read:
  178         455.275 Address of record.—
  179         (1) Each licensee of the department is solely responsible
  180  for notifying the department in writing of the licensee’s
  181  current mailing address, e-mail-address, and place of practice,
  182  as defined by rule of the board or the department when there is
  183  no board. A licensee’s failure to notify the department of a
  184  change of address constitutes a violation of this section, and
  185  the licensee may be disciplined by the board or the department
  186  when there is no board.
  187         (2) Notwithstanding any other provision of law, service by
  188  regular mail or e-mail to a licensee’s last known mailing
  189  address or e-mail address of record with the department
  190  constitutes adequate and sufficient notice to the licensee for
  191  any official communication to the licensee by the board or the
  192  department except when other service is required pursuant to s.
  193  455.225.
  194         Section 8. Paragraph (c) of subsection (2) of section
  195  475.451, Florida Statutes, is amended, present subsections (4)
  196  through (8) are renumbered as subsections (5) through (9),
  197  respectively, and a new subsection (4) is added to that section,
  198  to read:
  199         475.451 Schools teaching real estate practice.—
  200         (2) An applicant for a permit to operate a proprietary real
  201  estate school, to be a chief administrator of a proprietary real
  202  estate school or a state institution, or to be an instructor for
  203  a proprietary real estate school or a state institution must
  204  meet the qualifications for practice set forth in s. 475.17(1)
  205  and the following minimal requirements:
  206         (c) “School instructor” means an individual who instructs
  207  persons in the classroom in noncredit college courses in a
  208  college, university, or community college or courses in a career
  209  center or proprietary real estate school.
  210         1. Before commencing to provide such instruction, the
  211  applicant must certify the applicant’s competency and obtain an
  212  instructor permit by meeting one of the following requirements:
  213         a. Hold a bachelor’s degree in a business-related subject,
  214  such as real estate, finance, accounting, business
  215  administration, or its equivalent and hold a valid broker’s
  216  license in this state.
  217         b. Hold a bachelor’s degree, have extensive real estate
  218  experience, as defined by rule, and hold a valid broker’s
  219  license in this state.
  220         c. Pass an instructor’s examination approved by the
  221  commission.
  222         2. Any requirement by the commission for a teaching
  223  demonstration or practical examination must apply to all school
  224  instructor applicants.
  225         3. The department shall renew an instructor permit upon
  226  receipt of a renewal application and fee. The renewal
  227  application shall include proof that the permitholder has, since
  228  the issuance or renewal of the current permit, successfully
  229  completed a minimum of 7 classroom or distance learning hours of
  230  instruction in real estate subjects or instructional techniques,
  231  as prescribed by the commission. The commission shall adopt
  232  rules providing for the renewal of instructor permits at least
  233  every 2 years. Any permit that which is not renewed at the end
  234  of the permit period established by the department shall
  235  automatically reverts revert to involuntarily inactive status.
  237  The department may require an applicant to submit names of
  238  persons having knowledge concerning the applicant and the
  239  enterprise; may propound interrogatories to such persons and to
  240  the applicant concerning the character of the applicant,
  241  including the taking of fingerprints for processing through the
  242  Federal Bureau of Investigation; and shall make such
  243  investigation of the applicant or the school or institution as
  244  it may deem necessary to the granting of the permit. If an
  245  objection is filed, it shall be considered in the same manner as
  246  objections or administrative complaints against other applicants
  247  for licensure by the department.
  248         (4) A real estate school may offer any course through
  249  distance learning if the course complies with s. 475.17(2).
  250         Section 9. Paragraphs (c) and (d) of subsection (1) of
  251  section 475.611, Florida Statutes, are amended to read:
  252         475.611 Definitions.—
  253         (1) As used in this part, the term:
  254         (c) “Appraisal management company” means a person who
  255  performs appraisal management services regardless of the use of
  256  the term “appraisal management company,” “appraiser
  257  cooperative,” “appraiser portal,” “mortgage technology company,”
  258  or other term.
  259         (d) “Appraisal management services” means the coordination
  260  or management of appraisal services for compensation by:
  261         1. Employing, contracting with, or otherwise retaining one
  262  or more licensed or certified appraisers to perform appraisal
  263  services for a client; or
  264         2. Acting as a broker or intermediary between a client and
  265  one or more licensed or certified appraisers to facilitate the
  266  client’s employing, contracting with, or otherwise retaining the
  267  appraisers.
  268         Section 10. Subsection (4) of section 475.6171, Florida
  269  Statutes, is amended to read:
  270         475.6171 Issuance of registration or certification.—The
  271  registration or certification of an applicant may be issued upon
  272  receipt by the board of the following:
  273         (4) If required, proof of passing a written examination as
  274  specified in s. 475.616. No certification shall be issued based
  275  upon any examination results obtained more than 24 months after
  276  the date of examination.
  277         Section 11. Subsection (1) of section 475.6235, Florida
  278  Statutes, is amended, and subsection (9) is added to that
  279  section, to read:
  280         475.6235 Registration of appraisal management companies
  281  required; exemptions.—
  282         (1) A person may not engage, or offer to engage, in
  283  appraisal management services for compensation in this state or,
  284  advertise or represent herself or himself as an appraisal
  285  management company, or use the titles “appraisal management
  286  company,” “appraiser cooperative,” “appraiser portal,” or
  287  “mortgage technology company,” or any abbreviation or words to
  288  that effect, unless the person is registered with the department
  289  as an appraisal management company under this section. However,
  290  an employee of an appraisal management company is not required
  291  to obtain a separate registration.
  292         (9) This section does not apply to any bank, credit union,
  293  or other lending institution that owns and operates an internal
  294  appraisal office, business unit, or department.
  295         Section 12. Paragraph (v) is added to subsection (1) of
  296  section 475.6245, Florida Statutes, to read:
  297         475.6245 Discipline of appraisal management companies.—
  298         (1) The board may deny an application for registration of
  299  an appraisal management company; may investigate the actions of
  300  any appraisal management company registered under this part; may
  301  reprimand or impose an administrative fine not to exceed $5,000
  302  for each count or separate offense against any such appraisal
  303  management company; and may revoke or suspend, for a period not
  304  to exceed 10 years, the registration of any such appraisal
  305  management company, or place any such appraisal management
  306  company on probation, if the board finds that the appraisal
  307  management company or any person listed in s. 475.6235(2)(f):
  308         (v) Has required or attempted to require an appraiser to
  309  sign any indemnification agreement that would require the
  310  appraiser to hold harmless the appraisal management company or
  311  its owners, agents, employees, or independent contractors from
  312  any liability, damage, loss, or claim arising from the services
  313  performed by the appraisal management company or its owners,
  314  agents, employees, or independent contractors and not the
  315  services performed by the appraiser.
  316         Section 13. Subsection (2) of section 476.188, Florida
  317  Statutes, is amended to read:
  318         476.188 Barber services to be performed in registered
  319  barbershop; exception.—
  320         (2) Pursuant to rules established by the board, barber
  321  services may be performed by a licensed barber in a location
  322  other than a registered barbershop, including, but not limited
  323  to, a nursing home, hospital, place of employment, or residence,
  324  when a client for reasons of ill health is unable to go to a
  325  registered barbershop. Arrangements for the performance of
  326  barber services in a location other than a registered barbershop
  327  shall be made only through a registered barbershop.
  328         Section 14. Subsection (7) is added to section 477.0135,
  329  Florida Statutes, to read:
  330         477.0135 Exemptions.—
  331         (7) A license is not required of any individual providing
  332  makeup services to the general public.
  333         Section 15. Subsection (6) of section 477.019, Florida
  334  Statutes, is amended to read:
  335         477.019 Cosmetologists; qualifications; licensure;
  336  supervised practice; license renewal; endorsement; continuing
  337  education.—
  338         (6) The board shall adopt rules specifying procedures for
  339  the licensure by endorsement of practitioners desiring to be
  340  licensed in this state who hold a current active license in
  341  another state and who have met qualifications substantially
  342  similar to, equivalent to, or greater than the qualifications
  343  required of applicants from this state. For purposes of
  344  qualifying for licensure by endorsement under this subsection,
  345  work experience may be substituted for required educational
  346  hours in the amount and manner provided by board rule.
  347         Section 16. Subsection (4) is added to section 477.0263,
  348  Florida Statutes, to read:
  349         477.0263 Cosmetology services to be performed in licensed
  350  salon; exceptions exception.—
  351         (4) Pursuant to rules adopted by the board, any cosmetology
  352  or specialty service may be performed in a location other than a
  353  licensed salon when the service is performed in connection with
  354  a special event and is performed by a person who is employed by
  355  a licensed salon and who holds the proper license or specialty
  356  registration. An appointment for the performance of any such
  357  service in a location other than a licensed salon must be made
  358  through a licensed salon.
  359         Section 17. Section 489.118, Florida Statutes, is reenacted
  360  and amended to read:
  361         489.118 Certification of registered contractors;
  362  grandfathering provisions.—The board shall, upon receipt of a
  363  completed application and appropriate fee, issue a certificate
  364  in the appropriate category to any contractor registered under
  365  this part who makes application to the board and can show that
  366  he or she meets each of the following requirements:
  367         (1) Currently holds a valid registered local license in one
  368  of the contractor categories defined in s. 489.105(3)(a)-(p).
  369         (2) Has, for that category, passed a written examination
  370  that the board finds to be substantially similar to the
  371  examination required to be licensed as a certified contractor
  372  under this part. For purposes of this subsection, a written,
  373  proctored examination such as that produced by the National
  374  Assessment Institute, Block and Associates, NAI/Block, Experior
  375  Assessments, Professional Testing, Inc., or Assessment Systems,
  376  Inc., shall be considered to be substantially similar to the
  377  examination required to be licensed as a certified contractor.
  378  The board may not impose or make any requirements regarding the
  379  nature or content of these cited examinations.
  380         (3) Has at least 5 years of experience as a contractor in
  381  that contracting category, or as an inspector or building
  382  administrator with oversight over that category, at the time of
  383  application. For contractors, only time periods in which the
  384  contractor license is active and the contractor is not on
  385  probation shall count toward the 5 years required by this
  386  subsection.
  387         (4) Has not had his or her contractor’s license revoked at
  388  any time, had his or her contractor’s license suspended within
  389  the last 5 years, or been assessed a fine in excess of $500
  390  within the last 5 years.
  391         (5) Is in compliance with the insurance and financial
  392  responsibility requirements in s. 489.115(5).
  394  Applicants wishing to obtain a certificate pursuant to this
  395  section must make application by November 1, 2014 2005.
  396         Section 18. Subsection (3) of section 548.006, Florida
  397  Statutes, is amended to read:
  398         548.006 Power of commission to control professional and
  399  amateur pugilistic contests and exhibitions; certification of
  400  competitiveness of professional mixed martial arts and
  401  kickboxing matches.—
  402         (3) The commission has exclusive jurisdiction over
  403  approval, disapproval, suspension of approval, and revocation of
  404  approval of all amateur sanctioning organizations for amateur
  405  boxing, and kickboxing, and mixed martial arts matches held in
  406  this state.
  407         Section 19. Subsection (6) is added to section 548.0065,
  408  Florida Statutes, to read:
  409         548.0065 Amateur matches; sanctioning and supervision;
  410  health and safety standards; compliance checks; continuation,
  411  suspension, and revocation of sanctioning approval.—
  412         (6) An amateur sanctioning organization must file with the
  413  commission advance notice, in writing, of all amateur boxing,
  414  kickboxing, and mixed martial arts matches, including the
  415  location, date, and time of the matches, at least 10 days prior
  416  to the date of the matches. For purposes of this subsection,
  417  notification may be sent via electronic mail.
  418         Section 20. Paragraph (a) of subsection (3) of section
  419  548.008, Florida Statutes, is amended to read:
  420         548.008 Prohibited competitions.—
  421         (3)(a) Any person participating in a match prohibited under
  422  this section, knowing the match to be prohibited, commits a
  423  felony misdemeanor of the third second degree, punishable as
  424  provided in s. 775.082, or s. 775.083, or s. 775.084.
  425         Section 21. This act shall take effect October 1, 2012.