Florida Senate - 2012                                     SB 984
       
       
       
       By Senator Sachs
       
       
       
       
       30-00221A-12                                           2012984__
    1                        A bill to be entitled                      
    2         An act relating to personal trainers; creating s.
    3         468.7501, F.S.; defining terms; creating s. 468.751,
    4         F.S.; providing for the powers and duties of the Board
    5         of Athletic Training with respect to the regulation of
    6         personal trainers; creating s. 468.7511, F.S.;
    7         creating and providing for the duties of the Florida
    8         Association of Fitness Examiners; creating s. 468.753,
    9         F.S.; providing for the duties of the Department of
   10         Business and Professional Regulation; creating s.
   11         468.755, F.S.; requiring that the Board of Athletic
   12         Training adopt rules to administer the act; creating
   13         s. 468.757, F.S.; providing requirements for licensure
   14         by examination for personal trainers; creating s.
   15         468.759, F.S.; requiring that the department renew a
   16         license under specified circumstances; requiring that
   17         the board prescribe the requirements for continuing
   18         education; requiring that the continuing education
   19         meet certain criteria; creating s. 468.761, F.S.;
   20         providing for licensure fees; creating s. 468.763,
   21         F.S.; prohibiting sexual misconduct in the practice of
   22         personal training; creating s. 468.765, F.S.;
   23         providing penalties for violation of the act;
   24         specifying acts that constitute a violation; creating
   25         s. 468.767, F.S.; providing criteria for disciplinary
   26         actions; creating s. 468.769, F.S.; providing for
   27         exemptions; providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 468.7501, Florida Statutes, is created
   32  to read:
   33         468.7501Definitions.—As used in ss. 468.7501-468.769, the
   34  term:
   35         (1) “Association” means the Florida Association of Fitness
   36  Examiners.
   37         (2) “Board” means the Board of Athletic Training pursuant
   38  to s. 468.703.
   39         (3) “Client” means a person who hires a personal trainer.
   40         (4) “Department” means the Department of Business and
   41  Professional Regulation.
   42         (5) “Personal trainer” means a person who evaluates a
   43  client’s health and physical fitness; develops a personal
   44  exercise plan or program, or core-induced activity, for the
   45  client; and demonstrates, with or without equipment, exercises
   46  designed to improve cardiovascular condition, muscular strength,
   47  flexibility, and weight loss.
   48         Section 2. Section 468.751, Florida Statutes, is created to
   49  read:
   50         468.751Powers and duties of the board.—The board shall:
   51         (1) Establish education and training standards for initial
   52  licensing and continuing education for personal trainers which
   53  shall be administered by the Florida Association of Fitness
   54  Examiners.
   55         (2) Approve educational programs leading to initial
   56  licensure and offering continuing education credits.
   57         (3) Approve other equivalent educational programs and
   58  establish procedures for the issuance of credit upon
   59  satisfactory proof of the completion of the programs.
   60         (4) Establish a code of ethics and standards of practice
   61  and care for personal trainers.
   62         Section 3. Section 468.7511, Florida Statutes, is created
   63  to read:
   64         468.7511Duties of the association.—The Florida Association
   65  of Fitness Examiners is created. The association shall
   66  administer:
   67         (1) All educational examinations for initial licensure of
   68  personal trainers;
   69         (2) All educational examinations for renewal licensure of
   70  personal trainers; and
   71         (3) All continuing education courses for credits of
   72  personal trainers.
   73         Section 4. Section 468.753, Florida Statutes, is created to
   74  read:
   75         468.753Duties of the department.—The department shall:
   76         (1) Issue initial and renewal licenses to qualified
   77  applicants.
   78         (2) Revoke or suspend the license of a personal trainer
   79  upon order of the board.
   80         (3) Maintain a record of each personal trainer licensed in
   81  the state and the date of licensure and license number.
   82         (4) Maintain records of any disciplinary action taken
   83  against a personal trainer.
   84         Section 5. Section 468.755, Florida Statutes, is created to
   85  read:
   86         468.755Rulemaking authority.—The board shall adopt rules
   87  to administer the provisions of ss. 468.7501-468.769 conferring
   88  duties upon it. The provisions of s. 456.011(5) apply to the
   89  board’s activity. The rules must include, but need not be
   90  limited to, the allowable scope of practice regarding the use of
   91  equipment, licensure requirements, licensure examinations,
   92  continuing education requirements, fees, records, reports to be
   93  filed by licensees, protocols, and any other requirements
   94  necessary to regulate the practice of personal training.
   95         Section 6. Section 468.757, Florida Statutes, is created to
   96  read:
   97         468.757Licensure by examination; requirements.—A person
   98  who is engaged in the act of personal training must be licensed
   99  in this state. Application for a license must be filed with the
  100  department, on a form approved by the department. The department
  101  shall license an applicant who:
  102         (1) Has completed the application and remitted the required
  103  fees;
  104         (2) Is at least 18 years of age;
  105         (3) Has a high school diploma or its equivalent;
  106         (4) Has obtained the required certification from a program
  107  that is accredited by the National Commission for Certifying
  108  Agencies or the Distance Education Training Council and that is
  109  recognized and approved by the board;
  110         (5) Has a current certification in cardiovascular pulmonary
  111  resuscitation with an automated external defibrillator from the
  112  American Red Cross or the American Heart Association, or an
  113  equivalent certification as determined by the board; and
  114         (6) Has passed the licensure examination administered by
  115  the association.
  116  
  117  The department may adopt rules to administer this section.
  118         Section 7. Section 468.759, Florida Statutes, is created to
  119  read:
  120         468.759Renewal of license; continuing education.—
  121         (1) The department shall renew a license upon receipt of
  122  the renewal application and fee if the applicant is in
  123  compliance with ss. 468.7501-468.769 and rules adopted by the
  124  board.
  125         (2) The board shall prescribe by rule the requirements for
  126  continuing education, which may not exceed 24 hours every 2
  127  years. The criteria for continuing education must be approved by
  128  the board and include training for certification in
  129  cardiovascular pulmonary resuscitation with an automated
  130  external defibrillator from the American Red Cross or the
  131  American Heart Association, or an equivalent certification as
  132  determined by the board.
  133         Section 8. Section 468.761, Florida Statutes, is created to
  134  read:
  135         468.761Fees.—
  136         (1) The board shall establish by rule fees for the
  137  following purposes:
  138         (a) An application fee, not to exceed $100.
  139         (b) An examination fee, not to exceed $200.
  140         (c) An initial licensure fee, not to exceed $200.
  141         (d) A biennial license renewal fee, not to exceed $200.
  142         (e) An inactive license fee, not to exceed $100.
  143         (f) A delinquent application fee, not to exceed $100.
  144         (g) A license reactivation fee, not to exceed $100.
  145         (h) A voluntary inactive license fee, not to exceed $100.
  146         (2) The board shall establish fees at a level, not to
  147  exceed the statutory fee cap, which is adequate to ensure the
  148  continued operation of the regulatory program. The board may not
  149  set or maintain the fees at a level that substantially exceeds
  150  the need.
  151         Section 9. Section 468.763, Florida Statutes, is created to
  152  read:
  153         468.763Sexual misconduct.—The relationship between a
  154  personal trainer and a client is founded on mutual trust. Sexual
  155  misconduct in the practice of personal training means a
  156  violation of the trainer-client relationship through which the
  157  personal trainer uses the relationship to induce or attempt to
  158  induce the client to engage, or to engage or attempt to engage
  159  the client, in sexual activity outside the scope of the
  160  practice. Sexual misconduct in the practice of personal training
  161  is prohibited.
  162         Section 10. Section 468.765, Florida Statutes, is created
  163  to read:
  164         468.765Violations and penalties.—Each of the following
  165  acts constitutes a misdemeanor of the first degree, punishable
  166  as provided in s. 775.082 or s. 775.083:
  167         (1) Practicing personal training for compensation without
  168  holding an active license under ss. 468.7501-468.769.
  169         (2) Using or attempting to use a personal trainer license
  170  that has been suspended or revoked.
  171         (3) Knowingly employing an unlicensed person in the
  172  practice of personal training.
  173         (4) Knowingly allowing an unlicensed person to use one’s
  174  facilities for the practice of personal training.
  175         (5) Obtaining or attempting to obtain a personal trainer
  176  license by misleading statements or knowing misrepresentations.
  177         (6) Using the title “personal trainer” without being
  178  licensed under s. 468.757.
  179         Section 11. Section 468.767, Florida Statutes, is created
  180  to read:
  181         468.767Disciplinary actions.—
  182         (1) The following acts are grounds for denial of a license
  183  or disciplinary action as specified in s. 456.072(2):
  184         (a) Failing to include the name and license number of the
  185  personal trainer in any advertising, including, but not limited
  186  to, business cards and letterhead, related to the practice of
  187  personal training. Advertising does not include clothing or
  188  other novelty items.
  189         (b) Committing incompetency or misconduct in the practice
  190  of personal training.
  191         (c) Committing fraud or deceit in the practice of personal
  192  training.
  193         (d) Committing gross negligence, or repeated negligence in
  194  the practice of personal training.
  195         (e) While practicing personal training, being unable to
  196  practice personal training with reasonable skill and safety to
  197  the client by reason of illness or as a result of any mental or
  198  physical condition.
  199         (2) The board may enter an order denying licensure or
  200  imposing a penalty under s. 456.072(2) against an applicant for
  201  licensure or a licensee who is found guilty of violating any
  202  provision of subsection (1) or s. 456.072(1).
  203         Section 12. Section 468.769, Florida Statutes, is created
  204  to read:
  205         468.769Exemptions.—Sections 468.7501-468.769 do not
  206  prevent or restrict:
  207         (1) The professional practice of a licensee of the
  208  department who is acting within the scope of that practice.
  209         (2) A personal training student acting under the direct
  210  supervision of a licensed personal trainer.
  211         (3) A person from administering standard first aid
  212  treatment.
  213         (4) A person from acting within the scope of a license
  214  issued under chapter 548, if the person is acting within the
  215  scope of that license.
  216         Section 13. This act shall take effect December 31, 2012.