Florida Senate - 2012                             CS for SB 1252
       
       
       
       By the Committee on Regulated Industries; and Senator Jones
       
       
       
       
       580-02848-12                                          20121252c1
    1                        A bill to be entitled                      
    2         An act relating to business and professional
    3         regulation; amending s. 455.213, F.S.; requiring the
    4         Department of Business and Professional Regulation to
    5         waive certain licensing fees for a military veteran
    6         who applies within a specified period after honorable
    7         discharge from any branch of the United States Armed
    8         Forces; amending s. 455.2179, F.S.; authorizing the
    9         department rather than the board to approve continuing
   10         education providers or courses under certain
   11         circumstances; reserving to the department the
   12         authority to determine the contents of documents
   13         submitted for approval of a continuing education
   14         provider or course; amending s. 455.271, F.S.;
   15         limiting to the department the authority to reinstate
   16         a license that has become void under certain
   17         circumstances; amending s. 455.273, F.S.; revising the
   18         method of license renewal notification or notice of
   19         pending cancellation of licensure to include an e-mail
   20         address; deleting a requirement that a licensure
   21         renewal notification and a notice of cancellation of
   22         licensure include certain information regarding the
   23         applicant; amending s. 455.275, F.S.; revising a
   24         provision relating to maintenance of current address
   25         of-record information to include e-mail address;
   26         revising a provision relating to notice to a licensee
   27         to allow service of process by e-mail; amending s.
   28         475.451, F.S.; authorizing distance learning courses
   29         as an acceptable alternative to classroom instruction
   30         for renewal of a real estate instructor permit;
   31         providing that distance learning courses are under the
   32         discretion of the school offering the real estate
   33         course; requiring distance learning courses to adhere
   34         to certain requirements; amending s. 475.611, F.S.;
   35         revising the definition of the terms “appraisal
   36         management company” and “appraisal management
   37         services” and defining the term “subsidiary”; amending
   38         s. 475.6171, F.S.; revising requirements for the
   39         issuance of registration or certification upon receipt
   40         of 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 provide an exception to required proof
   54         of educational hours; amending s. 477.0263, F.S.;
   55         authorizing the performance of cosmetology and
   56         specialty services in a location other than a licensed
   57         salon under certain circumstances; reenacting and
   58         amending s. 489.118, F.S.; reviving grandfathering
   59         provisions and establishing a new deadline for
   60         applications for certification of certain registered
   61         contractors; amending s. 548.061, F.S.; removing the
   62         requirement that each person or club that holds or
   63         shows matches on a closed circuit telecast viewed
   64         within the state, but originating within another
   65         state, must file certain reports; providing an
   66         effective date.
   67  
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Subsection (12) is added to section 455.213,
   71  Florida Statutes, to read:
   72         455.213 General licensing provisions.—
   73         (12) The department shall waive the initial licensing fee,
   74  the initial application fee, and the initial unlicensed activity
   75  fee for a military veteran who applies to the department for a
   76  license, in a format prescribed by the department, within 24
   77  months after discharge from any branch of the United States
   78  Armed Forces. To qualify for this waiver, the veteran must have
   79  been honorably discharged.
   80         Section 2. Subsection (1) of section 455.2179, Florida
   81  Statutes, is amended to read:
   82         455.2179 Continuing education provider and course approval;
   83  cease and desist orders.—
   84         (1) If a board, or the department if there is no board,
   85  requires completion of continuing education as a requirement for
   86  renewal of a license, the board, or the department if there is
   87  no board, shall approve the providers and courses for of the
   88  continuing education. Notwithstanding this subsection or any
   89  other provision of law, the department may approve continuing
   90  education providers or courses even if there is a board. If the
   91  department determines that an application for a continuing
   92  education provider or course requires expert review or should be
   93  denied, the department shall forward the application to the
   94  appropriate board for review and approval or denial. The
   95  approval of continuing education providers and courses must be
   96  for a specified period of time, not to exceed 4 years. An
   97  approval that does not include such a time limitation may remain
   98  in effect pursuant to the applicable practice act or the rules
   99  adopted under the applicable practice act. Notwithstanding this
  100  subsection or any other provision of law, only the department
  101  may determine the contents of any documents submitted for
  102  approval of a continuing education provider or course.
  103         Section 3. Paragraph (b) of subsection (6) of section
  104  455.271, Florida Statutes, is amended to read:
  105         455.271 Inactive and delinquent status.—
  106         (6)
  107         (b) Notwithstanding the provisions of the professional
  108  practice acts administered by the department, the board, or the
  109  department if there is no board, may, at its discretion,
  110  reinstate the license of an individual whose license has become
  111  void if the board or department, as applicable, determines that
  112  the individual has made a good faith effort to comply with this
  113  section but has failed to comply because of illness or unusual
  114  economic hardship. The individual must apply to the board, or
  115  the department if there is no board, for reinstatement in a
  116  manner prescribed by rules of the board or the department, as
  117  applicable, and shall pay an applicable fee in an amount
  118  determined by rule. The board, or the department if there is no
  119  board, shall require that such individual meet all continuing
  120  education requirements prescribed by law, pay appropriate
  121  licensing fees, and otherwise be eligible for renewal of
  122  licensure under this chapter.
  123  
  124  This subsection does not apply to individuals subject to
  125  regulation under chapter 473.
  126         Section 4. Section 455.273, Florida Statutes, is amended to
  127  read:
  128         455.273 Renewal and cancellation notices.—
  129         (1) At least 90 days before the end of a licensure cycle,
  130  the department of Business and Professional Regulation shall:
  131         (1)(a) Forward a licensure renewal notification to an
  132  active or inactive licensee at the licensee’s last known address
  133  of record or e-mail address provided to with the department.
  134         (2)(b) Forward a notice of pending cancellation of
  135  licensure to a delinquent status licensee at the licensee’s last
  136  known address of record or e-mail address provided to with the
  137  department.
  138         (2) Each licensure renewal notification and each notice of
  139  pending cancellation of licensure must state conspicuously that
  140  a licensee who remains on inactive status for more than two
  141  consecutive biennial licensure cycles and who wishes to
  142  reactivate the license may be required to demonstrate the
  143  competency to resume active practice by sitting for a special
  144  purpose examination or by completing other reactivation
  145  requirements, as defined by rule of the board or the department
  146  when there is no board.
  147         Section 5. Subsections (1) and (2) of section 455.275,
  148  Florida Statutes, are amended to read:
  149         455.275 Address of record.—
  150         (1) Each licensee of the department is solely responsible
  151  for notifying the department in writing of the licensee’s
  152  current mailing address, e-mail address, and place of practice,
  153  as defined by rule of the board or the department when there is
  154  no board. A licensee’s failure to notify the department of a
  155  change of address constitutes a violation of this section, and
  156  the licensee may be disciplined by the board or the department
  157  when there is no board.
  158         (2) Notwithstanding any other provision of law, service by
  159  regular mail or e-mail to a licensee’s last known mailing
  160  address or e-mail address of record with the department
  161  constitutes adequate and sufficient notice to the licensee for
  162  any official communication to the licensee by the board or the
  163  department except when other service is required pursuant to s.
  164  455.225.
  165         Section 6. Paragraph (c) of subsection (2) of section
  166  475.451, Florida Statutes, is amended, present subsections (4)
  167  through (8) are renumbered as subsections (5) through (9),
  168  respectively, and a new subsection (4) is added to that section,
  169  to read:
  170         475.451 Schools teaching real estate practice.—
  171         (2) An applicant for a permit to operate a proprietary real
  172  estate school, to be a chief administrator of a proprietary real
  173  estate school or a state institution, or to be an instructor for
  174  a proprietary real estate school or a state institution must
  175  meet the qualifications for practice set forth in s. 475.17(1)
  176  and the following minimal requirements:
  177         (c) “School instructor” means an individual who instructs
  178  persons in the classroom in noncredit college courses in a
  179  college, university, or community college or courses in a career
  180  center or proprietary real estate school.
  181         1. Before commencing to provide such instruction, the
  182  applicant must certify the applicant’s competency and obtain an
  183  instructor permit by meeting one of the following requirements:
  184         a. Hold a bachelor’s degree in a business-related subject,
  185  such as real estate, finance, accounting, business
  186  administration, or its equivalent and hold a valid broker’s
  187  license in this state.
  188         b. Hold a bachelor’s degree, have extensive real estate
  189  experience, as defined by rule, and hold a valid broker’s
  190  license in this state.
  191         c. Pass an instructor’s examination approved by the
  192  commission.
  193         2. Any requirement by the commission for a teaching
  194  demonstration or practical examination must apply to all school
  195  instructor applicants.
  196         3. The department shall renew an instructor permit upon
  197  receipt of a renewal application and fee. The renewal
  198  application shall include proof that the permitholder has, since
  199  the issuance or renewal of the current permit, successfully
  200  completed a minimum of 7 classroom or distance learning hours of
  201  instruction in real estate subjects or instructional techniques,
  202  as prescribed by the commission. The commission shall adopt
  203  rules providing for the renewal of instructor permits at least
  204  every 2 years. Any permit that which is not renewed at the end
  205  of the permit period established by the department shall
  206  automatically reverts revert to involuntarily inactive status.
  207  
  208  The department may require an applicant to submit names of
  209  persons having knowledge concerning the applicant and the
  210  enterprise; may propound interrogatories to such persons and to
  211  the applicant concerning the character of the applicant,
  212  including the taking of fingerprints for processing through the
  213  Federal Bureau of Investigation; and shall make such
  214  investigation of the applicant or the school or institution as
  215  it may deem necessary to the granting of the permit. If an
  216  objection is filed, it shall be considered in the same manner as
  217  objections or administrative complaints against other applicants
  218  for licensure by the department.
  219         (4) A real estate school may offer any course through
  220  distance learning if the course complies with s. 475.17(2).
  221         Section 7. Paragraphs (c) and (d) of subsection (1) of
  222  section 475.611, Florida Statutes, are amended, and paragraph
  223  (y) is added to that subsection, to read:
  224         475.611 Definitions.—
  225         (1) As used in this part, the term:
  226         (c) “Appraisal management company” means a person who
  227  performs appraisal management services regardless of the use of
  228  the term “appraisal management company,” “appraiser
  229  cooperative,” “appraiser portal,” “mortgage technology company,”
  230  or other term.
  231         (d) “Appraisal management services” means the coordination
  232  or management of appraisal services for compensation by:
  233         1. Employing, contracting with, or otherwise retaining one
  234  or more licensed or certified appraisers to perform appraisal
  235  services for a client; or
  236         2. Acting as a broker or intermediary between a client and
  237  one or more licensed or certified appraisers to facilitate the
  238  client’s employing, contracting with, or otherwise retaining the
  239  appraisers.
  240         (y) “Subsidiary” means an organization that is owned and
  241  controlled by a financial institution that is regulated by a
  242  federal financial institution regulatory agency.
  243         Section 8. Subsection (4) of section 475.6171, Florida
  244  Statutes, is amended to read:
  245         475.6171 Issuance of registration or certification.—The
  246  registration or certification of an applicant may be issued upon
  247  receipt by the board of the following:
  248         (4) If required, proof of passing a written examination as
  249  specified in s. 475.616. No certification shall be issued based
  250  upon any examination results obtained more than 24 months after
  251  the date of examination.
  252         Section 9. Subsection (1) of section 475.6235, Florida
  253  Statutes, is amended, and subsection (9) is added to that
  254  section, to read:
  255         475.6235 Registration of appraisal management companies
  256  required; exemptions.—
  257         (1) A person may not engage, or offer to engage, in
  258  appraisal management services for compensation in this state or,
  259  advertise or represent herself or himself as an appraisal
  260  management company, or use the titles “appraisal management
  261  company,” “appraiser cooperative,” “appraiser portal,” or
  262  “mortgage technology company,” or any abbreviation or words to
  263  that effect, unless the person is registered with the department
  264  as an appraisal management company under this section. However,
  265  an employee of an appraisal management company is not required
  266  to obtain a separate registration.
  267         (9) This section does not apply to:
  268         (a) Any financial institution, as defined in s. 655.005,
  269  which owns and operates an internal appraisal office, business
  270  unit, or department; or
  271         (b) An appraisal management company that is a subsidiary
  272  owned and controlled by a financial institution, as defined in
  273  s. 655.005, and regulated by a federal financial institution
  274  regulatory agency.
  275         Section 10. Paragraph (v) is added to subsection (1) of
  276  section 475.6245, Florida Statutes, to read:
  277         475.6245 Discipline of appraisal management companies.—
  278         (1) The board may deny an application for registration of
  279  an appraisal management company; may investigate the actions of
  280  any appraisal management company registered under this part; may
  281  reprimand or impose an administrative fine not to exceed $5,000
  282  for each count or separate offense against any such appraisal
  283  management company; and may revoke or suspend, for a period not
  284  to exceed 10 years, the registration of any such appraisal
  285  management company, or place any such appraisal management
  286  company on probation, if the board finds that the appraisal
  287  management company or any person listed in s. 475.6235(2)(f):
  288         (v) Has required or attempted to require an appraiser to
  289  sign any indemnification agreement that would require the
  290  appraiser to hold harmless the appraisal management company or
  291  its owners, agents, employees, or independent contractors from
  292  any liability, damage, loss, or claim arising from the services
  293  performed by the appraisal management company or its owners,
  294  agents, employees, or independent contractors and not the
  295  services performed by the appraiser.
  296         Section 11. Subsection (2) of section 476.188, Florida
  297  Statutes, is amended to read:
  298         476.188 Barber services to be performed in registered
  299  barbershop; exception.—
  300         (2) Pursuant to rules established by the board, barber
  301  services may be performed by a licensed barber in a location
  302  other than a registered barbershop, including, but not limited
  303  to, a nursing home, hospital, place of employment, or residence,
  304  when a client for reasons of ill health is unable to go to a
  305  registered barbershop. Arrangements for the performance of
  306  barber services in a location other than a registered barbershop
  307  shall be made only through a registered barbershop.
  308         Section 12. Subsection (7) is added to section 477.0135,
  309  Florida Statutes, to read:
  310         477.0135 Exemptions.—
  311         (7) A license is not required of any individual providing
  312  makeup services to the general public.
  313         Section 13. Subsection (6) of section 477.019, Florida
  314  Statutes, is amended to read:
  315         477.019 Cosmetologists; qualifications; licensure;
  316  supervised practice; license renewal; endorsement; continuing
  317  education.—
  318         (6) The board shall adopt rules specifying procedures for
  319  the licensure by endorsement of practitioners desiring to be
  320  licensed in this state who hold a current active license in
  321  another state and who have met qualifications substantially
  322  similar to, equivalent to, or greater than the qualifications
  323  required of applicants from this state. The board shall not
  324  require proof of educational hours if the license was issued in
  325  a state that requires 1,200 or more hours of prelicensure
  326  education and passage of a written examination. This subsection
  327  does not apply to applicants who received their license in
  328  another state through an apprenticeship program.
  329         Section 14. Subsection (4) is added to section 477.0263,
  330  Florida Statutes, to read:
  331         477.0263 Cosmetology services to be performed in licensed
  332  salon; exceptions exception.—
  333         (4) Pursuant to rules adopted by the board, any cosmetology
  334  or specialty service may be performed in a location other than a
  335  licensed salon when the service is performed in connection with
  336  a special event and is performed by a person who is employed by
  337  a licensed salon and who holds the proper license or specialty
  338  registration. An appointment for the performance of any such
  339  service in a location other than a licensed salon must be made
  340  through a licensed salon.
  341         Section 15. Section 489.118, Florida Statutes, is reenacted
  342  and amended to read:
  343         489.118 Certification of registered contractors;
  344  grandfathering provisions.—The board shall, upon receipt of a
  345  completed application and appropriate fee, issue a certificate
  346  in the appropriate category to any contractor registered under
  347  this part who makes application to the board and can show that
  348  he or she meets each of the following requirements:
  349         (1) Currently holds a valid registered local license in one
  350  of the contractor categories defined in s. 489.105(3)(a)-(p).
  351         (2) Has, for that category, passed a written examination
  352  that the board finds to be substantially similar to the
  353  examination required to be licensed as a certified contractor
  354  under this part. For purposes of this subsection, a written,
  355  proctored examination such as that produced by the National
  356  Assessment Institute, Block and Associates, NAI/Block, Experior
  357  Assessments, Professional Testing, Inc., or Assessment Systems,
  358  Inc., shall be considered to be substantially similar to the
  359  examination required to be licensed as a certified contractor.
  360  The board may not impose or make any requirements regarding the
  361  nature or content of these cited examinations.
  362         (3) Has at least 5 years of experience as a contractor in
  363  that contracting category, or as an inspector or building
  364  administrator with oversight over that category, at the time of
  365  application. For contractors, only time periods in which the
  366  contractor license is active and the contractor is not on
  367  probation shall count toward the 5 years required by this
  368  subsection.
  369         (4) Has not had his or her contractor’s license revoked at
  370  any time, had his or her contractor’s license suspended within
  371  the last 5 years, or been assessed a fine in excess of $500
  372  within the last 5 years.
  373         (5) Is in compliance with the insurance and financial
  374  responsibility requirements in s. 489.115(5).
  375  
  376  Applicants wishing to obtain a certificate pursuant to this
  377  section must make application by November 1, 2014 2005.
  378         Section 16. Section 548.061, Florida Statutes, is amended
  379  to read:
  380         548.061 Closed circuit television.—Each person or club that
  381  holds or shows any matches on a closed circuit telecast viewed
  382  within this state, whether originating within this state or
  383  another state, shall file a written report, under oath, which
  384  states the exact number of tickets sold for the showing, the
  385  amount of gross receipts, and any other information the
  386  commission requires and shall, within 72 hours after the
  387  telecast, pay a tax of 5 percent of its total gross receipts
  388  from the sale of tickets.
  389         Section 17. This act shall take effect October 1, 2012.