Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 762
       
       
       
       
       
       
                                Barcode 657172                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on General Government
       Appropriations (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (5) of section
    6  373.461, Florida Statutes, is amended to read:
    7         373.461 Lake Apopka improvement and management.—
    8         (5) PURCHASE OF AGRICULTURAL LANDS.—
    9         (c) The district shall explore the availability of funding
   10  from all sources, including any federal, state, regional, and
   11  local land acquisition funding programs, to purchase the
   12  agricultural lands described in paragraph (a). It is the
   13  Legislature’s intent that, if such funding sources can be
   14  identified, acquisition of the lands described in paragraph (a)
   15  may be undertaken by the district to purchase these properties
   16  from willing sellers. However, the purchase price paid for
   17  acquisition of such lands that were in active cultivation during
   18  1996 may shall not exceed the highest appraisal obtained by the
   19  district for these lands from a state-certified general
   20  appraiser following the standards of professional practice
   21  established by rule of the Florida Real Estate Appraisal Board,
   22  including standards for the development or communication of a
   23  real estate appraisal Uniform Standards of Professional
   24  Appraisal Practice. This maximum purchase price limitation may
   25  shall not include, nor be applicable to, that portion of the
   26  purchase price attributable to consideration of income described
   27  in paragraph (b), or that portion attributable to related
   28  facilities, or closing costs.
   29         Section 2. Subsection (12) is added to section 455.213,
   30  Florida Statutes, to read:
   31         455.213 General licensing provisions.—
   32         (12) The department shall waive the initial licensing fee,
   33  the initial application fee, and the initial unlicensed activity
   34  fee for a military veteran who applies to the department for a
   35  license, in a format prescribed by the department, within 24
   36  months after discharge from any branch of the United States
   37  Armed Forces. To qualify for this waiver, the veteran must have
   38  been honorably discharged.
   39         Section 3. Subsection (10) of section 455.271, Florida
   40  Statutes, is amended to read:
   41         455.271 Inactive and delinquent status.—
   42         (10) The board, or the department if there is no board, may
   43  not require Before reactivation, an inactive or delinquent
   44  licensee, except for a licensee under chapter 473 or chapter
   45  475, to complete more than one renewal cycle of shall meet the
   46  same continuing education to reactivate a license requirements,
   47  if any, imposed on an active status licensee for all biennial
   48  licensure periods in which the licensee was inactive or
   49  delinquent. This subsection does not apply to persons regulated
   50  under chapter 473.
   51         Section 4. Section 468.391, Florida Statutes, is amended to
   52  read:
   53         468.391 Penalty.—Any auctioneer, apprentice, or auction
   54  business or any owner or manager thereof, or, in the case of
   55  corporate ownership, any substantial stockholder of the
   56  corporation owning the auction business, who operates without an
   57  active license or violates paragraph any provision of the
   58  prohibited acts listed under s. 468.389(1)(c), (e), (f), (h), or
   59  (i) commits a felony of the third degree, punishable as provided
   60  in s. 775.082 or s. 775.083.
   61         Section 5. Section 468.4338, Florida Statutes, is amended
   62  to read:
   63         468.4338 Reactivation; continuing education.—The council
   64  shall prescribe by rule continuing education requirements for
   65  reactivating a license. The continuing education requirements
   66  for reactivating a license may not exceed one renewal cycle of
   67  continuing education 10 classroom hours for each year the
   68  license was inactive.
   69         Section 6. Subsection (2) of section 468.8317, Florida
   70  Statutes, is amended to read:
   71         468.8317 Inactive license.—
   72         (2) A license that becomes has become inactive may be
   73  reactivated upon application to the department. The department
   74  may prescribe by rule continuing education requirements as a
   75  condition of reactivating a license. The rules may not require
   76  more than one renewal cycle of continuing education to
   77  reactivate requirements for reactivating a license may not
   78  exceed 14 hours for each year the license was inactive.
   79         Section 7. Paragraph (d) of subsection (1) of section
   80  468.841, Florida Statutes, is amended to read:
   81         468.841 Exemptions.—
   82         (1) The following persons are not required to comply with
   83  any provisions of this part relating to mold assessment:
   84         (d) Persons or business organizations acting within the
   85  scope of the respective licenses required under part XV of this
   86  chapter, chapter 471, part I or part II of chapter 481, chapter
   87  482, or chapter 489 are acting on behalf of an insurer under
   88  part VI of chapter 626, or are persons in the manufactured
   89  housing industry who are licensed under chapter 320, except when
   90  any such persons or business organizations hold themselves out
   91  for hire to the public as a “certified mold assessor,”
   92  “registered mold assessor,” “licensed mold assessor,” “mold
   93  assessor,” “professional mold assessor,” or any combination
   94  thereof stating or implying licensure under this part.
   95         Section 8. Subsection (2) of section 468.8417, Florida
   96  Statutes, is amended to read:
   97         468.8417 Inactive license.—
   98         (2) A license that becomes has become inactive may be
   99  reactivated upon application to the department. The department
  100  may prescribe by rule continuing education requirements as a
  101  condition of reactivating a license. The rules may not require
  102  more than one renewal cycle of continuing education to
  103  reactivate requirements for reactivating a license may not
  104  exceed 14 hours for each year the license was inactive.
  105         Section 9. Subsection (4) of section 469.002, Florida
  106  Statutes, is amended to read:
  107         469.002 Exemptions.—
  108         (4) Licensure as an asbestos consultant or contractor is
  109  not required for the repair, maintenance, removal, or disposal
  110  of asbestos-containing pipe or conduit, if:
  111         (a) The pipe or conduit is used for electrical, electronic,
  112  communications, gas, sewer, or water service;
  113         (b) The pipe or conduit is not located in a building;
  114         (c) The pipe or conduit is made of Category I or Category
  115  II nonfriable material as defined in NESHAP; and
  116         (d) All such activities are performed according to all
  117  applicable regulations, including work practices and training,
  118  of the United States Occupational Safety and Health
  119  Administration under 29 C.F.R. part 1926.
  120         Section 10. Paragraph (t) of subsection (1) of section
  121  475.25, Florida Statutes, is amended to read:
  122         475.25 Discipline.—
  123         (1) The commission may deny an application for licensure,
  124  registration, or permit, or renewal thereof; may place a
  125  licensee, registrant, or permittee on probation; may suspend a
  126  license, registration, or permit for a period not exceeding 10
  127  years; may revoke a license, registration, or permit; may impose
  128  an administrative fine not to exceed $5,000 for each count or
  129  separate offense; and may issue a reprimand, and any or all of
  130  the foregoing, if it finds that the licensee, registrant,
  131  permittee, or applicant:
  132         (t) Has violated any standard of professional practice
  133  adopted by rule of the Florida Real Estate Appraisal Board,
  134  including standards for the development or communication of a
  135  real estate appraisal or other provision of the Uniform
  136  Standards of Professional Appraisal Practice, as defined in s.
  137  475.611, as approved and adopted by the Appraisal Standards
  138  Board of the Appraisal Foundation, as defined in s. 475.611.
  139  This paragraph does not apply to a real estate broker or sales
  140  associate who, in the ordinary course of business, performs a
  141  comparative market analysis, gives a broker price opinion, or
  142  gives an opinion of value of real estate. However, in no event
  143  may this comparative market analysis, broker price opinion, or
  144  opinion of value of real estate be referred to as an appraisal,
  145  as defined in s. 475.611.
  146         Section 11. Paragraph (e) of subsection (1) of section
  147  475.42, Florida Statutes, is repealed.
  148         Section 12. Paragraph (c) of subsection (2) of section
  149  475.451, Florida Statutes, is amended, and subsection (9) is
  150  added to that section, to read:
  151         475.451 Schools teaching real estate practice.—
  152         (2) An applicant for a permit to operate a proprietary real
  153  estate school, to be a chief administrator of a proprietary real
  154  estate school or a state institution, or to be an instructor for
  155  a proprietary real estate school or a state institution must
  156  meet the qualifications for practice set forth in s. 475.17(1)
  157  and the following minimal requirements:
  158         (c) “School instructor” means an individual who instructs
  159  persons in the classroom in noncredit college courses in a
  160  college, university, or community college or courses in a career
  161  center or proprietary real estate school.
  162         1. Before commencing to provide such instruction, the
  163  applicant must certify the applicant’s competency and obtain an
  164  instructor permit by meeting one of the following requirements:
  165         a. Hold a bachelor’s degree in a business-related subject,
  166  such as real estate, finance, accounting, business
  167  administration, or its equivalent and hold a valid broker’s
  168  license in this state.
  169         b. Hold a bachelor’s degree, have extensive real estate
  170  experience, as defined by rule, and hold a valid broker’s
  171  license in this state.
  172         c. Pass an instructor’s examination approved by the
  173  commission.
  174         2. Any requirement by the commission for a teaching
  175  demonstration or practical examination must apply to all school
  176  instructor applicants.
  177         3. The department shall renew an instructor permit upon
  178  receipt of a renewal application and fee. The renewal
  179  application shall include proof that the permitholder has, since
  180  the issuance or renewal of the current permit, successfully
  181  completed a minimum of 7 classroom or distance learning hours of
  182  instruction in real estate subjects or instructional techniques,
  183  as prescribed by the commission. The commission shall adopt
  184  rules providing for the renewal of instructor permits at least
  185  every 2 years. A Any permit that which is not renewed at the end
  186  of the permit period established by the department shall
  187  automatically reverts revert to involuntarily inactive status.
  188  
  189  The department may require an applicant to submit names of
  190  persons having knowledge concerning the applicant and the
  191  enterprise; may propound interrogatories to such persons and to
  192  the applicant concerning the character of the applicant,
  193  including the taking of fingerprints for processing through the
  194  Federal Bureau of Investigation; and shall make such
  195  investigation of the applicant or the school or institution as
  196  it may deem necessary to the granting of the permit. If an
  197  objection is filed, it shall be considered in the same manner as
  198  objections or administrative complaints against other applicants
  199  for licensure by the department.
  200         (9) A real estate school may offer any course through
  201  distance learning if the course complies with s. 475.17.
  202         Section 13. Paragraphs (c) and (d) of subsection (1) of
  203  section 475.611, Florida Statutes, are amended, present
  204  paragraphs (t) through (x) of subsection (1) are redesignated as
  205  paragraphs (u) through (y), respectively, and a new paragraph
  206  (t) is added to that subsection, to read:
  207         475.611 Definitions.—
  208         (1) As used in this part, the term:
  209         (c) “Appraisal management company” means a person who
  210  performs appraisal management services regardless of the use of
  211  the term “appraisal management company,” “appraiser
  212  cooperative,” “appraiser portal,” “mortgage technology company,”
  213  or other term.
  214         (d) “Appraisal management services” means the coordination
  215  or management of appraisal services for compensation by:
  216         1. Employing, contracting with, or otherwise retaining one
  217  or more licensed or certified appraisers to perform appraisal
  218  services for a client; or
  219         2. Acting as a broker or intermediary between a client and
  220  one or more licensed or certified appraisers to facilitate the
  221  client’s employing, contracting with, or otherwise retaining the
  222  appraisers.
  223         (t) “Subsidiary” means an organization that is owned and
  224  controlled by a financial institution that is regulated by a
  225  federal financial institution regulatory agency.
  226         Section 14. Subsection (5) of section 475.615, Florida
  227  Statutes, is amended to read:
  228         475.615 Qualifications for registration or certification.—
  229         (5) At the time of filing an application for registration
  230  or certification, the applicant must sign a pledge indicating
  231  that upon becoming registered or certified, she or he will
  232  comply with the standards of professional practice established
  233  by rule of the board, including standards for the development or
  234  communication of a real estate appraisal, to comply with the
  235  Uniform Standards of Professional Appraisal Practice upon
  236  registration or certification and must indicate in writing that
  237  she or he understands the types of misconduct for which
  238  disciplinary proceedings may be initiated. The application
  239  expires shall expire 1 year after the date received by the
  240  department.
  241         Section 15. Subsections (1), (2), and (3) of section
  242  475.617, Florida Statutes, are amended to read:
  243         475.617 Education and experience requirements.—
  244         (1) To be registered as a trainee appraiser, an applicant
  245  must present evidence satisfactory to the board that she or he
  246  has successfully completed at least 100 hours of approved
  247  academic courses in subjects related to real estate appraisal,
  248  which must shall include coverage of the Uniform Standards of
  249  Professional Appraisal Practice, or its equivalent, as
  250  established by rule of the board, from a nationally recognized
  251  or state-recognized appraisal organization, career center,
  252  accredited community college, college, or university, state or
  253  federal agency or commission, or proprietary real estate school
  254  that holds a permit pursuant to s. 475.451. The board may
  255  increase the required number of hours to not more than 125
  256  hours. A classroom hour is defined as 50 minutes out of each 60
  257  minute segment. Past courses may be approved on an hour-for-hour
  258  basis.
  259         (2) To be certified as a residential appraiser, an
  260  applicant must present satisfactory evidence to the board that
  261  she or he has met the minimum education and experience
  262  requirements prescribed by rule of the board. The board shall
  263  prescribe by rule education and experience requirements that
  264  meet or exceed the following real property appraiser
  265  qualification criteria adopted on February 20, 2004, by the
  266  Appraisal Qualifications Board of the Appraisal Foundation:
  267         (a) Has at least 2,500 hours of experience obtained over a
  268  24-month period in real property appraisal as defined by rule.
  269         (b) Has successfully completed at least 200 classroom
  270  hours, inclusive of examination, of approved academic courses in
  271  subjects related to real estate appraisal, which must shall
  272  include a 15-hour National Uniform Standards of Professional
  273  Appraisal Practice course, or its equivalent, as established by
  274  rule of the board, from a nationally recognized or state
  275  recognized appraisal organization, career center, accredited
  276  community college, college, or university, state or federal
  277  agency or commission, or proprietary real estate school that
  278  holds a permit pursuant to s. 475.451. A classroom hour is
  279  defined as 50 minutes out of each 60-minute segment. Past
  280  courses may be approved by the board and substituted on an hour
  281  for-hour basis.
  282         (3) To be certified as a general appraiser, an applicant
  283  must present evidence satisfactory to the board that she or he
  284  has met the minimum education and experience requirements
  285  prescribed by rule of the board. The board shall prescribe
  286  education and experience requirements that meet or exceed the
  287  following real property appraiser qualification criteria adopted
  288  on February 20, 2004, by the Appraisal Qualifications Board of
  289  the Appraisal Foundation:
  290         (a) Has at least 3,000 hours of experience obtained over a
  291  30-month period in real property appraisal as defined by rule.
  292         (b) Has successfully completed at least 300 classroom
  293  hours, inclusive of examination, of approved academic courses in
  294  subjects related to real estate appraisal, which must shall
  295  include a 15-hour National Uniform Standards of Professional
  296  Appraisal Practice course, or its equivalent, as established by
  297  rule of the board, from a nationally recognized or state
  298  recognized appraisal organization, career center, accredited
  299  community college, college, or university, state or federal
  300  agency or commission, or proprietary real estate school that
  301  holds a permit pursuant to s. 475.451. A classroom hour is
  302  defined as 50 minutes out of each 60-minute segment. Past
  303  courses may be approved by the board and substituted on an hour
  304  for-hour basis.
  305         Section 16. Subsection (4) of section 475.6171, Florida
  306  Statutes, is amended to read:
  307         475.6171 Issuance of registration or certification.—The
  308  registration or certification of an applicant may be issued upon
  309  receipt by the board of the following:
  310         (4) If required, proof of passing a written examination as
  311  specified in s. 475.616. No certification shall be issued based
  312  upon any examination results obtained more than 24 months after
  313  the date of examination.
  314         Section 17. Subsection (1) of section 475.6175, Florida
  315  Statutes, is amended to read:
  316         475.6175 Registered trainee appraiser; postlicensure
  317  education required.—
  318         (1) The board shall prescribe postlicensure educational
  319  requirements in order for a person to maintain a valid
  320  registration as a registered trainee appraiser. If prescribed,
  321  the postlicensure educational requirements consist of one or
  322  more courses which total no more than the total educational
  323  hours required to qualify as a state certified residential
  324  appraiser. Such courses must be in subjects related to real
  325  estate appraisal and must shall include coverage of the Uniform
  326  Standards of Professional Appraisal Practice, or its equivalent,
  327  as established by rule of the board. Such courses are provided
  328  by a nationally or state-recognized appraisal organization,
  329  career center, accredited community college, college, or
  330  university, state or federal agency or commission, or
  331  proprietary real estate school that holds a permit pursuant to
  332  s. 475.451.
  333         Section 18. Section 475.6235, Florida Statutes, is amended
  334  to read:
  335         475.6235 Registration of appraisal management companies
  336  required; exemptions.—
  337         (1) A person may not engage, or offer to engage, in
  338  appraisal management services for compensation in this state,
  339  advertise or represent herself or himself as an appraisal
  340  management company, or use the titles “appraisal management
  341  company,” “appraiser cooperative,” “appraiser portal,” or
  342  “mortgage technology company,” or any abbreviation or words to
  343  that effect, unless the person is registered with the department
  344  as an appraisal management company under this section. However,
  345  an employee of an appraisal management company is not required
  346  to obtain a separate registration.
  347         (2) An application for registration must be submitted to
  348  the department in the format prescribed by the department and
  349  must include, at a minimum, the following:
  350         (a) The firm or business name under which the appraisal
  351  management company conducts business in this state. The
  352  appraisal management company must notify the department of any
  353  change in the firm or business name, on a form provided by the
  354  department, within 10 days after such change.
  355         (b) The mailing address, street address, and telephone
  356  number of the appraisal management company’s principal business
  357  location. The appraisal management company must notify the
  358  department of any change in the mailing or street address, on a
  359  form provided by the department, within 10 days after such
  360  change.
  361         (c) The appraisal management company’s federal employer
  362  identification number.
  363         (d) The appraisal management company’s type of business
  364  organization, such as a corporation, partnership, limited
  365  liability company, or sole proprietorship.
  366         (e) A statement as to whether the appraisal management
  367  company, if incorporated, is a domestic or foreign corporation,
  368  the company’s date of incorporation, the state in which the
  369  company was incorporated, its charter number, and, if it is a
  370  foreign corporation, the date that the company first registered
  371  with the Department of State to conduct business in this state.
  372         (f) The full name, street address, telephone number,
  373  corporate title, and social security number or federal employer
  374  identification number of any person who possesses the authority,
  375  directly or indirectly, to direct the management or policies of
  376  the appraisal management company, whether through ownership, by
  377  contract, or otherwise, including, but not limited to:
  378         1. Each officer and director if the appraisal management
  379  company is a corporation.
  380         2. Each general partner if the appraisal management company
  381  is a partnership.
  382         3. Each manager or managing member if the appraisal
  383  management company is a limited liability company.
  384         4. The owner if the appraisal management company is a sole
  385  proprietorship.
  386         5. Each other person who, directly or indirectly, owns or
  387  controls 10 percent or more of an ownership interest in the
  388  appraisal management company.
  389         (g) The firm or business name under which any person listed
  390  in paragraph (f) conducted business as an appraisal management
  391  company within the 5 years preceding the date of the
  392  application.
  393         (h) The appraisal management company’s registered agent for
  394  service of process in this state.
  395         (3) Appropriate fees, as set forth in the rules of the
  396  board pursuant to s. 475.6147, and a complete set of
  397  fingerprints for each person listed in paragraph (2)(f) must
  398  accompany all applications for registration. The fingerprints
  399  shall be forwarded to the Division of Criminal Justice
  400  Information Systems within the Department of Law Enforcement for
  401  purposes of processing the fingerprints to determine whether the
  402  person has a criminal history record. The fingerprints shall
  403  also be forwarded to the Federal Bureau of Investigation for
  404  purposes of processing the fingerprints to determine whether the
  405  person has a criminal history record. The information obtained
  406  by the processing of fingerprints by the Department of Law
  407  Enforcement and the Federal Bureau of Investigation shall be
  408  sent to the department for the purpose of determining whether
  409  the appraisal management company is statutorily qualified for
  410  registration.
  411         (4) At the time of filing an application for registration
  412  of an appraisal management company, each person listed in
  413  paragraph (2)(f) must sign a pledge to comply with applicable
  414  standards of professional practice established by rule of the
  415  board, including standards for the development or communication
  416  of a real estate appraisal, the Uniform Standards of
  417  Professional Appraisal Practice upon registration and must
  418  indicate in writing that she or he understands the types of
  419  misconduct for which disciplinary proceedings may be initiated.
  420  The application expires shall expire 1 year after the date
  421  received.
  422         (5) Each person listed in paragraph (2)(f) must be
  423  competent and qualified to engage in appraisal management
  424  services with safety to the general public and those with whom
  425  the person may undertake a relationship of trust and confidence.
  426  If any person listed in paragraph (2)(f) has been denied
  427  registration, licensure, or certification as an appraiser or has
  428  been disbarred, or if the person’s registration, license, or
  429  certificate to practice or conduct any regulated profession,
  430  business, or vocation has been revoked or suspended by this or
  431  any other state, any nation, any possession or district of the
  432  United States, or any court or lawful agency thereof because of
  433  any conduct or practices that would have warranted a like result
  434  under this part, or if the person has been guilty of conduct or
  435  practices in this state or elsewhere that would have been
  436  grounds for disciplining her or his registration, license, or
  437  certification under this part had the person then been a
  438  registered trainee appraiser or a licensed or certified
  439  appraiser, the person shall be deemed not to be qualified
  440  unless, because of lapse of time and subsequent good conduct and
  441  reputation, or other reason deemed sufficient, it appears to the
  442  board that the interest of the public is not likely to be
  443  endangered by the granting of registration.
  444         (6) An applicant seeking to become registered under this
  445  part as an appraisal management company may not be rejected
  446  solely by virtue of membership or lack of membership of any
  447  person listed in paragraph (2)(f) or any employee of the company
  448  in any particular appraisal organization.
  449         (7) An applicant for registration who is not a resident of
  450  the state shall file an irrevocable consent that suits and
  451  actions may be commenced against the appraisal management
  452  company in any county of the state in which a plaintiff having a
  453  cause of action or suit against the company resides and that
  454  service of any process or pleading in suits or actions against
  455  the company may be made by delivering the process or pleading to
  456  the director of the Division of Real Estate by certified mail,
  457  return receipt requested, and also to the appraisal management
  458  company by registered mail addressed to the company’s designated
  459  principal business location or, if its principal business
  460  location is located in this state, to the company’s registered
  461  agent. Service, when so made, must be taken and held in all
  462  courts to be as valid and binding upon the appraisal management
  463  company as if made upon the company in this state within the
  464  jurisdiction of the court in which the suit or action is filed.
  465  The irrevocable consent must be in a form prescribed by the
  466  department and be acknowledged before a notary public.
  467         (8) The department shall renew the registration of an
  468  appraisal management company upon receipt of the renewal
  469  application and the proper fee. The department shall adopt rules
  470  establishing a procedure for renewal of the registration of an
  471  appraisal management company at least every 4 years.
  472         (9) This section does not apply to:
  473         (a) A financial institution, as defined in s. 655.005,
  474  which owns and operates an internal appraisal office, business
  475  unit, or department; or
  476         (b) An appraisal management company that is a subsidiary
  477  owned and controlled by a financial institution, as defined in
  478  s. 655.005, regulated by a federal financial institution
  479  regulatory agency.
  480         Section 19. Subsection (14) of section 475.624, Florida
  481  Statutes, is amended to read:
  482         475.624 Discipline of appraisers.—The board may deny an
  483  application for registration or certification of an appraiser;
  484  may investigate the actions of any appraiser registered,
  485  licensed, or certified under this part; may reprimand or impose
  486  an administrative fine not to exceed $5,000 for each count or
  487  separate offense against any such appraiser; and may revoke or
  488  suspend, for a period not to exceed 10 years, the registration,
  489  license, or certification of any such appraiser, or place any
  490  such appraiser on probation, if the board finds that the
  491  registered trainee, licensee, or certificateholder:
  492         (14) Has violated any standard of professional practice
  493  established by rule of the board, including standards for the
  494  development or communication of a real estate appraisal or other
  495  provision of the Uniform Standards of Professional Appraisal
  496  Practice.
  497         Section 20. Paragraph (n) of subsection (1) of section
  498  475.6245, Florida Statutes, is amended to read:
  499         475.6245 Discipline of appraisal management companies.—
  500         (1) The board may deny an application for registration of
  501  an appraisal management company; may investigate the actions of
  502  any appraisal management company registered under this part; may
  503  reprimand or impose an administrative fine not to exceed $5,000
  504  for each count or separate offense against any such appraisal
  505  management company; and may revoke or suspend, for a period not
  506  to exceed 10 years, the registration of any such appraisal
  507  management company, or place any such appraisal management
  508  company on probation, if the board finds that the appraisal
  509  management company or any person listed in s. 475.6235(2)(f):
  510         (n) Has instructed an appraiser to violate any standard of
  511  professional practice established by rule of the board,
  512  including standards for the development or communication of a
  513  real estate appraisal or other provision of the Uniform
  514  Standards of Professional Appraisal Practice.
  515         Section 21. Paragraphs (b) and (c) of subsection (1) of
  516  section 475.626, Florida Statutes, are repealed.
  517         Section 22. Section 475.628, Florida Statutes, is amended
  518  to read:
  519         475.628 Professional standards for appraisers registered,
  520  licensed, or certified under this part.— The board shall adopt
  521  rules establishing standards of professional practice which meet
  522  or exceed nationally recognized standards of appraisal practice,
  523  including standards adopted by the Appraisal Standards Board of
  524  the Appraisal Foundation. Each appraiser registered, licensed,
  525  or certified under this part must shall comply with the rules
  526  Uniform Standards of Professional Appraisal Practice. Statements
  527  on appraisal standards which may be issued for the purpose of
  528  clarification, interpretation, explanation, or elaboration
  529  through the Appraisal Foundation are shall also be binding on
  530  any appraiser registered, licensed, or certified under this
  531  part, upon adoption by rule of the board.
  532         Section 23. Paragraph (b) of subsection (1) of section
  533  476.194, Florida Statutes, is repealed.
  534         Section 24. Subsection (2) of section 477.0212, Florida
  535  Statutes, is amended to read:
  536         477.0212 Inactive status.—
  537         (2) The board shall adopt promulgate rules relating to
  538  licenses that which have become inactive and for the renewal of
  539  inactive licenses. The rules may not require more than one
  540  renewal cycle of continuing education to reactivate a license.
  541  The board shall prescribe by rule a fee not to exceed $50 for
  542  the reactivation of an inactive license and a fee not to exceed
  543  $50 for the renewal of an inactive license.
  544         Section 25. Paragraph (c) of subsection (1) of section
  545  477.0265, Florida Statutes, is repealed.
  546         Section 26. Subsection (1) of section 481.209, Florida
  547  Statutes, is amended to read:
  548         481.209 Examinations.—
  549         (1) A person desiring to be licensed as a registered
  550  architect by initial examination shall apply to the department,
  551  complete to take the licensure examination. The department shall
  552  administer the licensure examination for architects to each
  553  applicant who the board certifies:
  554         (a) Has completed the application form, and remit remitted
  555  a nonrefundable application fee. The department shall license
  556  any applicant who the board certifies: and an examination fee
  557  which is refundable if the applicant is found to be ineligible
  558  to take the examination;
  559         (a) Has passed the licensure examination prescribed by
  560  board rule; and
  561         (b)1. Is a graduate of a school or college of architecture
  562  with a program accredited by the National Architectural
  563  Accreditation Board.; or
  564         2. Is a graduate of an approved architectural curriculum,
  565  evidenced by a degree from an unaccredited school or college of
  566  architecture approved by the board. The board shall adopt rules
  567  providing for the review and approval of unaccredited schools
  568  and colleges of architecture and courses of architectural study
  569  based on a review and inspection by the board of the curriculum
  570  of accredited schools and colleges of architecture in the United
  571  States; and
  572         (c) Has completed, prior to examination, 1 year of the
  573  internship experience required by s. 481.211(1).
  574         Section 27. Section 481.211, Florida Statutes, is amended
  575  to read:
  576         481.211 Architecture internship required.—
  577         (1) An applicant for licensure as a registered architect
  578  shall complete, before prior to licensure, an internship of
  579  diversified architectural experience approved by the board,
  580  which meets the requirements set forth by rule in the design and
  581  construction of structures which have as their principal purpose
  582  human habitation or use. The internship shall be for a period
  583  of:
  584         (a) Three years for an applicant holding the degree of
  585  Bachelor of Architecture; or
  586         (b) Two years for an applicant holding the professional
  587  degree of Master of Architecture.
  588         (2) Each applicant for licensure shall complete 1 year of
  589  the internship experience required by this section subsequent to
  590  graduation from a school or college of architecture as defined
  591  in s. 481.209(1).
  592         Section 28. Subsection (3) of section 481.213, Florida
  593  Statutes, is amended to read:
  594         481.213 Licensure.—
  595         (3) The board shall certify as qualified for a license by
  596  endorsement as an architect or as an interior designer an
  597  applicant who:
  598         (a) Qualifies to take the prescribed licensure examination,
  599  and has passed the prescribed licensure examination or a
  600  substantially equivalent examination in another jurisdiction, as
  601  set forth in s. 481.209 for architects or interior designers, as
  602  applicable, and has satisfied the internship requirements set
  603  forth in s. 481.211 for architects;
  604         (b) Holds a valid license to practice architecture or
  605  interior design issued by another jurisdiction of the United
  606  States, if the criteria for issuance of such license were
  607  substantially equivalent to the licensure criteria that existed
  608  in this state at the time the license was issued; provided,
  609  however, that an applicant who has been licensed for use of the
  610  title “interior design” rather than licensed to practice
  611  interior design shall not qualify hereunder; or
  612         (c) Has passed the prescribed licensure examination and
  613  holds a valid certificate issued by the National Council of
  614  Architectural Registration Boards, and holds a valid license to
  615  practice architecture issued by another state or jurisdiction of
  616  the United States. For the purposes of this paragraph, any
  617  applicant licensed in another state or jurisdiction after June
  618  30, 2000 1984, must also hold a degree in architecture and such
  619  degree must be equivalent to that required in s. 481.209(1)(b)
  620  and. Also for the purposes of this paragraph, any applicant
  621  licensed in another state or jurisdiction after June 30, 1985,
  622  must have completed an internship equivalent to that required by
  623  s. 481.211 and any rules adopted with respect thereto.
  624         Section 29. Section 481.217, Florida Statutes, is amended
  625  to read:
  626         481.217 Inactive status.—
  627         (1) The board may prescribe by rule continuing education
  628  requirements as a condition of reactivating a license. The rules
  629  may not require more than one renewal cycle of continuing
  630  education to reactivate requirements for reactivating a license
  631  for a registered architect or interior designer may not exceed
  632  12 contact hours for each year the license was inactive. For
  633  interior design, The minimum continuing education requirement
  634  for reactivating a license for a registered interior designer
  635  shall be those of the most recent biennium plus one-half of the
  636  requirements in s. 481.215 for each year or part thereof during
  637  which the license was inactive. the board may shall only approve
  638  only continuing education that builds upon the basic knowledge
  639  of interior design.
  640         (2) The board shall adopt rules relating to application
  641  procedures for inactive status and for the reactivation of
  642  inactive licenses.
  643         Section 30. Section 481.315, Florida Statutes, is amended
  644  to read:
  645         481.315 Inactive status.—
  646         (1) A license that has become inactive or delinquent may be
  647  reactivated under this section upon application to the
  648  department and payment of any applicable biennial renewal or
  649  delinquency fee, or both, and a reactivation fee. The board may
  650  not require a licensee to complete more than one renewal cycle
  651  of continuing education requirements. The board may prescribe by
  652  rule continuing education requirements as a condition of
  653  reactivating the license. The continuing education requirements
  654  for reactivating a license may not exceed 12 classroom hours for
  655  each year the license was inactive.
  656         (2) The board shall adopt rules relating to application
  657  procedures for inactive status and for the reactivation of
  658  inactive licenses.
  659         Section 31. Subsections (3) and (6) of section 489.116,
  660  Florida Statutes, are amended to read:
  661         489.116 Inactive and delinquent status; renewal and
  662  cancellation notices.—
  663         (3) An inactive status certificateholder or registrant may
  664  change to active status at any time, if provided the
  665  certificateholder or registrant meets all requirements for
  666  active status, pays any additional licensure fees necessary to
  667  equal those imposed on an active status certificateholder or
  668  registrant, and pays any applicable late fees, and meets all
  669  continuing education requirements prescribed by the board.
  670         (6) The board may not require an inactive certificateholder
  671  or registrant to complete more than one renewal cycle of shall
  672  comply with the same continuing education for reactivating a
  673  certificate or registration requirements, if any, that are
  674  imposed on an active status certificateholder or registrant.
  675         Section 32. Subsection (1) of section 489.519, Florida
  676  Statutes, is amended to read:
  677         489.519 Inactive status.—
  678         (1) A certificate or registration that becomes has become
  679  inactive may be reactivated under s. 489.517 upon application to
  680  the department. The board may not require a licensee to complete
  681  more than one renewal cycle of prescribe, by rule, continuing
  682  education to reactivate requirements as a condition of
  683  reactivating a certificate or registration. The continuing
  684  education requirements for reactivating a certificate or
  685  registration may not exceed 12 classroom hours for each year the
  686  certificate or registration was inactive.
  687         Section 33. This act shall take effect July 1, 2012.
  688  
  689  ================= T I T L E  A M E N D M E N T ================
  690         And the title is amended as follows:
  691         Delete everything before the enacting clause
  692  and insert:
  693                        A bill to be entitled                      
  694         An act relating to reducing and streamlining
  695         regulations; amending s. 373.461, F.S.; requiring
  696         certain appraisers to follow specific standards of
  697         professional practice in appraisals involving the
  698         restoration of the Lake Apopka Basin; amending s.
  699         455.213, F.S.; waiving initial licensing, application,
  700         and unlicensed activity fees for certain military
  701         veterans; amending ss. 455.271, 468.4338, 468.8317,
  702         468.8417, 475.615, 475.617, 475.6175, 477.0212,
  703         481.209, 481.211, 481.213, 481.217, 481.315, 489.116,
  704         and 489.519, F.S.; revising certain licensure
  705         requirements and continuing education requirements for
  706         reactivating a license, certificate, or registration
  707         to practice certain professions and occupations
  708         regulated by the Department of Business and
  709         Professional Regulation or a board or council within
  710         the department, including community association
  711         management, employee leasing, home inspection, mold
  712         related services, real estate appraisal, cosmetology,
  713         architecture and interior design, landscape
  714         architecture, construction contracting, and electrical
  715         and alarm system contracting; amending s. 469.002,
  716         F.S.; providing an exemption from licensure as an
  717         asbestos consultant or contractor for activities
  718         involving pipe or conduit used for gas service;
  719         repealing s. 475.42(1)(e), F.S., relating to
  720         violations and penalties applicable to real estate
  721         brokers and sales associates; amending ss. 468.391,
  722         475.25, 475.624, and 475.6245, F.S., relating to
  723         auctioneering and to real estate brokering and
  724         appraisal; revising provisions with respect to certain
  725         penalties; revising grounds for discipline to which
  726         penalties apply; repealing s. 475.626(1)(b) and (c),
  727         F.S., relating to violations and penalties applicable
  728         to real property appraisers; amending s. 475.628,
  729         F.S.; requiring the Florida Real Estate Appraisal
  730         Board to adopt rules establishing professional
  731         practice standards; amending s. 468.841, F.S.;
  732         exempting landscape architects from complying with
  733         provisions related to mold assessment; amending s.
  734         475.611, F.S.; revising the definitions of the terms
  735         “appraisal management company” and “appraisal
  736         management services”; defining the term “subsidiary”;
  737         amending s. 475.6171, F.S.; revising requirements for
  738         the issuance of registration or certification upon
  739         receipt of proper documentation; amending s. 475.6235,
  740         F.S.; prohibiting a person from offering to engage in
  741         appraisal management services under certain
  742         circumstances; revising provisions relating to the
  743         application for registration of an appraisal
  744         management company; providing exemptions from
  745         registration requirements; repealing s. 476.194(1)(b),
  746         F.S., relating to prohibited acts by persons engaged
  747         in the practice of barbering; repealing s.
  748         477.0265(1)(c), F.S., relating to prohibited acts by
  749         persons engaged in the practice of cosmetology;
  750         amending s. 475.451, F.S.; authorizing distance
  751         learning courses as an acceptable alternative to
  752         classroom instruction for renewal of a real estate
  753         instructor permit; providing that distance learning
  754         courses are under the discretion of the school
  755         offering the real estate course; requiring distance
  756         learning courses to adhere to certain requirements;
  757         providing an effective date.