Florida Senate - 2012                              CS for SB 762
       
       
       
       By the Committee on Criminal Justice; and Senator Hays
       
       
       
       
       591-03229A-12                                          2012762c1
    1                        A bill to be entitled                      
    2         An act relating to reducing and streamlining
    3         regulations; amending ss. 455.271, 468.4338, 468.525,
    4         468.8317, 468.8417, 475.615, 475.617, 475.6175,
    5         477.0212, 481.209, 481.211, 481.213, 481.217, 481.315,
    6         489.116, and 489.519, F.S.; revising certain licensure
    7         requirements and continuing education requirements for
    8         reactivating a license, certificate, or registration
    9         to practice certain professions and occupations
   10         regulated by the Department of Business and
   11         Professional Regulation or a board or council within
   12         the department, including community association
   13         management, employee leasing, home inspection, mold
   14         related services, real estate appraisal, cosmetology,
   15         architecture and interior design, landscape
   16         architecture, construction contracting, and electrical
   17         and alarm system contracting; creating s. 468.439,
   18         F.S.; providing conditions that collection service
   19         expenses that are reasonably related to the collection
   20         of a delinquent account rendered by a community
   21         association manager or management firm on behalf of
   22         certain community associations may be secured by the
   23         filing of a claim of lien; amending s. 469.002, F.S.;
   24         providing an exemption from licensure as an asbestos
   25         consultant or contractor for activities involving pipe
   26         or conduit used for gas service; amending s. 475.6235,
   27         F.S.; revising registration requirements for appraisal
   28         management companies; amending ss. 468.391, 475.25,
   29         475.42, 475.624, 475.6245, 475.626, 476.194, and
   30         477.0265, F.S., relating to auctioneering, real estate
   31         brokering and appraisal, barbering, and cosmetology;
   32         revising language with respect to certain penalties;
   33         revising grounds for discipline to which penalties
   34         apply; amending s. 475.628, F.S.; requiring the
   35         Florida Real Estate Appraisal Board to adopt rules
   36         establishing professional practice standards; amending
   37         s. 373.461, F.S.; requiring certain appraisers to
   38         follow specific standards of professional practice in
   39         appraisals involving the restoration of the Lake
   40         Apopka Basin; amending s. 468.841, F.S.; exempting
   41         landscape architects from complying with provisions
   42         related to mold assessment; amending s. 475.611, F.S.;
   43         revising the definition of the terms “appraisal
   44         management company” and “appraisal management
   45         services”; amending s. 475.6171, F.S.; revising
   46         requirements for the issuance of registration or
   47         certification upon receipt of proper documentation;
   48         amending s. 475.6235, F.S.; revising provisions
   49         relating to titles an appraisal management company
   50         must be registered to use; providing exemptions from
   51         registration requirements; amending s. 455.213, F.S.;
   52         waiving initial licensing, application, and unlicensed
   53         activity fees for certain military veterans; amending
   54         s. 475.451, F.S.; authorizing distance learning
   55         courses as an acceptable alternative to classroom
   56         instruction for renewal of a real estate instructor
   57         permit; providing that distance learning courses are
   58         under the discretion of the school offering the real
   59         estate course; requiring distance learning courses to
   60         adhere to certain requirements; providing an effective
   61         date.
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Subsection (10) of section 455.271, Florida
   66  Statutes, is amended to read:
   67         455.271 Inactive and delinquent status.—
   68         (10) The board, or the department when there is no board,
   69  may not require Before reactivation, an inactive or delinquent
   70  licensee, except for a licensee under chapter 473 or chapter
   71  475, to complete more than one renewal cycle of shall meet the
   72  same continuing education to reactivate a license. requirements,
   73  if any, imposed on an active status licensee for all biennial
   74  licensure periods in which the licensee was inactive or
   75  delinquent. This subsection does not apply to persons regulated
   76  under chapter 473.
   77         Section 2. Section 468.4338, Florida Statutes, is amended
   78  to read:
   79         468.4338 Reactivation; continuing education.—The council
   80  shall prescribe by rule continuing education requirements for
   81  reactivating a license. The continuing education requirements
   82  for reactivating a license may not exceed more than one renewal
   83  cycle of continuing education 10 classroom hours for each year
   84  the license was inactive.
   85         Section 3. Paragraph (h) is added to subsection (3) of
   86  section 468.525, Florida Statutes, to read:
   87         468.525 License requirements.—
   88         (3) Each employee leasing company licensed by the
   89  department shall have a registered agent for service of process
   90  in this state and at least one licensed controlling person. In
   91  addition, each licensed employee leasing company shall comply
   92  with the following requirements:
   93         (h) Following initial licensure, each employee leasing
   94  company and each employee leasing company group shall be
   95  considered an applicant for renewal of its license and all of
   96  the financial information of such licensees submitted to the
   97  board pursuant to part XI of chapter 468 and the rules enacted
   98  thereunder shall be considered supplied in furtherance of the
   99  renewal application process.
  100         Section 4. Subsection (2) of section 468.8317, Florida
  101  Statutes, is amended to read:
  102         468.8317 Inactive license.—
  103         (2) A license that becomes has become inactive may be
  104  reactivated upon application to the department. The department
  105  may prescribe by rule continuing education requirements as a
  106  condition of reactivating a license. The rules may not require
  107  more than one renewal cycle of continuing education to
  108  reactivate requirements for reactivating a license may not
  109  exceed 14 hours for each year the license was inactive.
  110         Section 5. Subsection (2) of section 468.8417, Florida
  111  Statutes, is amended to read:
  112         468.8417 Inactive license.—
  113         (2) A license that becomes has become inactive may be
  114  reactivated upon application to the department. The department
  115  may prescribe by rule continuing education requirements as a
  116  condition of reactivating a license. The rules may not require
  117  more than one renewal cycle of continuing education to
  118  reactivate requirements for reactivating a license may not
  119  exceed 14 hours for each year the license was inactive.
  120         Section 6. Section 468.439, Florida Statutes, is created to
  121  read:
  122         468.439Collection services.—Collection service expenses
  123  that are reasonably related to the collection of a delinquent
  124  account rendered by a community association manager or
  125  management firm on behalf of a community association governed by
  126  chapter 617, chapter 718, chapter 719, chapter 720, chapter 721,
  127  or chapter 723 may be secured by the filing of a claim of lien
  128  on behalf of the community association, if the collection
  129  services expense is specified by amount in a written agreement
  130  with the community association manager or management firm and
  131  payable to the community association manager or management firm
  132  as a liquidated sum.
  133         Section 7. Subsection (4) of section 469.002, Florida
  134  Statutes, is amended to read:
  135         469.002 Exemptions.—
  136         (4) Licensure as an asbestos consultant or contractor is
  137  not required for the repair, maintenance, removal, or disposal
  138  of asbestos-containing pipe or conduit, if:
  139         (a) The pipe or conduit is used for electrical, electronic,
  140  communications, sewer, gas, or water service;
  141         (b) The pipe or conduit is not located in a building;
  142         (c) The pipe or conduit is made of Category I or Category
  143  II nonfriable material as defined in NESHAP; and
  144         (d) All such activities are performed according to all
  145  applicable regulations, including work practices and training,
  146  of the United States Occupational Safety and Health
  147  Administration under 29 C.F.R. part 1926.
  148         Section 8. Subsection (5) of section 475.615, Florida
  149  Statutes, is amended to read:
  150         475.615 Qualifications for registration or certification.—
  151         (5) At the time of filing an application for registration
  152  or certification, the applicant must sign a pledge indicating
  153  that upon becoming registered or certified, she or he will
  154  comply with the standards of professional practice established
  155  by rule of the board, including standards for the development or
  156  communication of a real estate appraisal, to comply with the
  157  Uniform Standards of Professional Appraisal Practice upon
  158  registration or certification and must indicate in writing that
  159  she or he understands the types of misconduct for which
  160  disciplinary proceedings may be initiated. The application shall
  161  expire 1 year after the date received by the department.
  162         Section 9. Subsection (1), paragraph (b) of subsection (2),
  163  and paragraph (b) of subsection (3) of section 475.617, Florida
  164  Statutes, are amended to read:
  165         475.617 Education and experience requirements.—
  166         (1) To be registered as a trainee appraiser, an applicant
  167  must present evidence satisfactory to the board that she or he
  168  has successfully completed at least 100 hours of approved
  169  academic courses in subjects related to real estate appraisal,
  170  which shall include coverage of the Uniform Standards of
  171  Professional Appraisal Practice, or its equivalent, as
  172  established by rule of the board, from a nationally recognized
  173  or state-recognized appraisal organization, career center,
  174  accredited community college, college, or university, state or
  175  federal agency or commission, or proprietary real estate school
  176  that holds a permit pursuant to s. 475.451. The board may
  177  increase the required number of hours to not more than 125
  178  hours. A classroom hour is defined as 50 minutes out of each 60
  179  minute segment. Past courses may be approved on an hour-for-hour
  180  basis.
  181         (2) To be certified as a residential appraiser, an
  182  applicant must present satisfactory evidence to the board that
  183  she or he has met the minimum education and experience
  184  requirements prescribed by rule of the board. The board shall
  185  prescribe by rule education and experience requirements that
  186  meet or exceed the following real property appraiser
  187  qualification criteria adopted on February 20, 2004, by the
  188  Appraisal Qualifications Board of the Appraisal Foundation:
  189         (b) Has successfully completed at least 200 classroom
  190  hours, inclusive of examination, of approved academic courses in
  191  subjects related to real estate appraisal, which shall include a
  192  15-hour National Uniform Standards of Professional Appraisal
  193  Practice course, or its equivalent, as established by rule of
  194  the board, from a nationally recognized or state-recognized
  195  appraisal organization, career center, accredited community
  196  college, college, or university, state or federal agency or
  197  commission, or proprietary real estate school that holds a
  198  permit pursuant to s. 475.451. A classroom hour is defined as 50
  199  minutes out of each 60-minute segment. Past courses may be
  200  approved by the board and substituted on an hour-for-hour basis.
  201         (3) To be certified as a general appraiser, an applicant
  202  must present evidence satisfactory to the board that she or he
  203  has met the minimum education and experience requirements
  204  prescribed by rule of the board. The board shall prescribe
  205  education and experience requirements that meet or exceed the
  206  following real property appraiser qualification criteria adopted
  207  on February 20, 2004, by the Appraisal Qualifications Board of
  208  the Appraisal Foundation:
  209         (b) Has successfully completed at least 300 classroom
  210  hours, inclusive of examination, of approved academic courses in
  211  subjects related to real estate appraisal, which shall include a
  212  15-hour National Uniform Standards of Professional Appraisal
  213  Practice course, or its equivalent, as established by rule of
  214  the board, from a nationally recognized or state-recognized
  215  appraisal organization, career center, accredited community
  216  college, college, or university, state or federal agency or
  217  commission, or proprietary real estate school that holds a
  218  permit pursuant to s. 475.451. A classroom hour is defined as 50
  219  minutes out of each 60-minute segment. Past courses may be
  220  approved by the board and substituted on an hour-for-hour basis.
  221         Section 10. Subsection (1) of section 475.6175, Florida
  222  Statutes, is amended to read:
  223         475.6175 Registered trainee appraiser; postlicensure
  224  education required.—
  225         (1) The board shall prescribe postlicensure educational
  226  requirements in order for a person to maintain a valid
  227  registration as a registered trainee appraiser. If prescribed,
  228  the postlicensure educational requirements consist of one or
  229  more courses which total no more than the total educational
  230  hours required to qualify as a state certified residential
  231  appraiser. Such courses must be in subjects related to real
  232  estate appraisal and shall include coverage of the Uniform
  233  Standards of Professional Appraisal Practice or its equivalent,
  234  as established by rule of the board. Such courses are provided
  235  by a nationally or state-recognized appraisal organization,
  236  career center, accredited community college, college, or
  237  university, state or federal agency or commission, or
  238  proprietary real estate school that holds a permit pursuant to
  239  s. 475.451.
  240         Section 11. Subsection (2) of section 477.0212, Florida
  241  Statutes, is amended to read:
  242         477.0212 Inactive status.—
  243         (2) The board shall adopt promulgate rules relating to
  244  licenses that which have become inactive and for the renewal of
  245  inactive licenses. The rules may not require more than one
  246  renewal cycle of continuing education to reactivate a license.
  247  The board shall prescribe by rule a fee not to exceed $50 for
  248  the reactivation of an inactive license and a fee not to exceed
  249  $50 for the renewal of an inactive license.
  250         Section 12. Subsection (1) of section 481.209, Florida
  251  Statutes, is amended to read:
  252         481.209 Examinations.—
  253         (1) A person desiring to be licensed as a registered
  254  architect by initial examination shall apply to the department,
  255  complete to take the licensure examination. The department shall
  256  administer the licensure examination for architects to each
  257  applicant who the board certifies:
  258         (a) Has completed the application form, and remit remitted
  259  a nonrefundable application fee. The department shall license
  260  any applicant who the board certifies: and an examination fee
  261  which is refundable if the applicant is found to be ineligible
  262  to take the examination;
  263         (a) Has passed the licensure examination prescribed by
  264  board rule; and
  265         (b)1. Is a graduate of a school or college of architecture
  266  with a program accredited by the National Architectural
  267  Accreditation Board.; or
  268         2. Is a graduate of an approved architectural curriculum,
  269  evidenced by a degree from an unaccredited school or college of
  270  architecture approved by the board. The board shall adopt rules
  271  providing for the review and approval of unaccredited schools
  272  and colleges of architecture and courses of architectural study
  273  based on a review and inspection by the board of the curriculum
  274  of accredited schools and colleges of architecture in the United
  275  States; and
  276         (c) Has completed, prior to examination, 1 year of the
  277  internship experience required by s. 481.211(1).
  278         Section 13. Section 481.211, Florida Statutes, is amended
  279  to read:
  280         481.211 Architecture internship required.—
  281         (1) An applicant for licensure as a registered architect
  282  shall complete, prior to licensure, an internship of diversified
  283  architectural experience approved by the board, meeting
  284  requirements set forth by rule. in the design and construction
  285  of structures which have as their principal purpose human
  286  habitation or use. The internship shall be for a period of:
  287         (a) Three years for an applicant holding the degree of
  288  Bachelor of Architecture; or
  289         (b) Two years for an applicant holding the professional
  290  degree of Master of Architecture.
  291         (2) Each applicant for licensure shall complete 1 year of
  292  the internship experience required by this section subsequent to
  293  graduation from a school or college of architecture as defined
  294  in s. 481.209(1).
  295         Section 14. Paragraph (c) of subsection (3) of section
  296  481.213, Florida Statutes, is amended to read:
  297         481.213 Licensure.—
  298         (3) The board shall certify as qualified for a license by
  299  endorsement as an architect or as an interior designer an
  300  applicant who:
  301         (c) Has passed the prescribed licensure examination and
  302  holds a valid certificate issued by the National Council of
  303  Architectural Registration Boards, and holds a valid license to
  304  practice architecture issued by another state or jurisdiction of
  305  the United States. For the purposes of this paragraph, any
  306  applicant licensed in another state or jurisdiction after June
  307  30, 1984, must also hold a degree in architecture and such
  308  degree must be equivalent to that required in s. 481.209(1)(b).
  309  Also for the purposes of this paragraph, any applicant licensed
  310  in another state or jurisdiction after June 30, 1985, must have
  311  completed an internship equivalent to that required by s.
  312  481.211 and any rules adopted with respect thereto.
  313         Section 15. Subsection (1) of section 481.217, Florida
  314  Statutes, is amended to read:
  315         481.217 Inactive status.—
  316         (1) The board may prescribe by rule continuing education
  317  requirements as a condition of reactivating a license. The rules
  318  may not require more than one renewal cycle of continuing
  319  education to reactivate requirements for reactivating a license
  320  for a registered architect or interior designer may not exceed
  321  12 contact hours for each year the license was inactive. The
  322  minimum continuing education requirement for reactivating a
  323  license for a registered interior designer shall be those of the
  324  most recent biennium plus one-half of the requirements in s.
  325  481.215 for each year or part thereof during which the license
  326  was inactive. The board may shall only approve continuing
  327  education for an interior designer which that builds upon the
  328  basic knowledge of interior design.
  329         Section 16. Subsection (1) of section 481.315, Florida
  330  Statutes, is amended to read:
  331         481.315 Inactive status.—
  332         (1) A license that has become inactive or delinquent may be
  333  reactivated under this section upon application to the
  334  department and payment of any applicable biennial renewal or
  335  delinquency fee, or both, and a reactivation fee. The board may
  336  not require a licensee to complete more than one renewal cycle
  337  of continuing education requirements. The board may prescribe by
  338  rule continuing education requirements as a condition of
  339  reactivating the license. The continuing education requirements
  340  for reactivating a license may not exceed 12 classroom hours for
  341  each year the license was inactive.
  342         Section 17. Subsections (3) and (6) of section 489.116,
  343  Florida Statutes, are amended to read:
  344         489.116 Inactive and delinquent status; renewal and
  345  cancellation notices.—
  346         (3) An inactive status certificateholder or registrant may
  347  change to active status at any time, if provided the
  348  certificateholder or registrant meets all requirements for
  349  active status, pays any additional licensure fees necessary to
  350  equal those imposed on an active status certificateholder or
  351  registrant, and pays any applicable late fees, and meets all
  352  continuing education requirements prescribed by the board.
  353         (6) The board may not require an inactive certificateholder
  354  or registrant to complete more than one renewal cycle of shall
  355  comply with the same continuing education for reactivating a
  356  certificate or registration requirements, if any, that are
  357  imposed on an active status certificateholder or registrant.
  358         Section 18. Subsection (1) of section 489.519, Florida
  359  Statutes, is amended to read:
  360         489.519 Inactive status.—
  361         (1) A certificate or registration that becomes has become
  362  inactive may be reactivated under s. 489.517 upon application to
  363  the department. The board may not require a licensee to complete
  364  more than one renewal cycle of prescribe, by rule, continuing
  365  education to reactivate requirements as a condition of
  366  reactivating a certificate or registration. The continuing
  367  education requirements for reactivating a certificate or
  368  registration may not exceed 12 classroom hours for each year the
  369  certificate or registration was inactive.
  370         Section 19. Subsection (4) of section 475.6235, Florida
  371  Statutes, is amended to read:
  372         475.6235 Registration of appraisal management companies
  373  required.—
  374         (4) At the time of filing an application for registration
  375  of an appraisal management company, each person listed in
  376  paragraph (2)(f) must sign a pledge to comply with the
  377  applicable standards of professional practice established by
  378  rule of the board, including standards for the development or
  379  communication of a real estate appraisal, Uniform Standards of
  380  Professional Appraisal Practice upon registration and must
  381  indicate in writing that she or he understands the types of
  382  misconduct for which disciplinary proceedings may be initiated.
  383  The application shall expire 1 year after the date received by
  384  the department.
  385         Section 20. Section 468.391, Florida Statutes, is amended
  386  to read:
  387         468.391 Penalty.—Any auctioneer, apprentice, or auction
  388  business or any owner or manager thereof, or, in the case of
  389  corporate ownership, any substantial stockholder of the
  390  corporation owning the auction business, who operates without an
  391  active license or violates any of the provisions provision of
  392  the prohibited acts listed under s. 468.389(1)(c), (e), (f),
  393  (h), and (i) commits a felony of the third degree, punishable as
  394  provided in s. 775.082 or s. 775.083.
  395         Section 21. Paragraph (t) of subsection (1) of section
  396  475.25, Florida Statutes, is amended to read:
  397         475.25 Discipline.—
  398         (1) The commission may deny an application for licensure,
  399  registration, or permit, or renewal thereof; may place a
  400  licensee, registrant, or permittee on probation; may suspend a
  401  license, registration, or permit for a period not exceeding 10
  402  years; may revoke a license, registration, or permit; may impose
  403  an administrative fine not to exceed $5,000 for each count or
  404  separate offense; and may issue a reprimand, and any or all of
  405  the foregoing, if it finds that the licensee, registrant,
  406  permittee, or applicant:
  407         (t) Has violated any standard of professional practice
  408  established by rule of the Florida Real Estate Appraisal Board,
  409  including standards for the development or communication of a
  410  real estate appraisal or other provision of the Uniform
  411  Standards of Professional Appraisal Practice, as defined in s.
  412  475.611, as approved and adopted by the Appraisal Standards
  413  Board of the Appraisal Foundation, as defined in s. 475.611.
  414  This paragraph does not apply to a real estate broker or sales
  415  associate who, in the ordinary course of business, performs a
  416  comparative market analysis, gives a broker price opinion, or
  417  gives an opinion of value of real estate. However, in no event
  418  may this comparative market analysis, broker price opinion, or
  419  opinion of value of real estate be referred to as an appraisal,
  420  as defined in s. 475.611.
  421         Section 22. Paragraphs (f) through (o) of subsection (1) of
  422  section 475.42, Florida Statutes, are redesignated as paragraphs
  423  (e) through (n), respectively, and present paragraph (e) of that
  424  subsection is amended to read:
  425         475.42 Violations and penalties.—
  426         (1) VIOLATIONS.—
  427         (e) A person may not violate any lawful order or rule of
  428  the commission which is binding upon her or him.
  429         Section 23. Subsection (14) of section 475.624, Florida
  430  Statutes, is amended to read:
  431         475.624 Discipline of appraisers.—
  432  The board may deny an application for registration or
  433  certification of an appraiser; may investigate the actions of
  434  any appraiser registered, licensed, or certified under this
  435  part; may reprimand or impose an administrative fine not to
  436  exceed $5,000 for each count or separate offense against any
  437  such appraiser; and may revoke or suspend, for a period not to
  438  exceed 10 years, the registration, license, or certification of
  439  any such appraiser, or place any such appraiser on probation, if
  440  the board finds that the registered trainee, licensee, or
  441  certificateholder:
  442         (14) Has violated any standard of professional practice,
  443  including standards for the development or communication of a
  444  real estate appraisal, as established by rule of the board or
  445  other provision of the Uniform Standards of Professional
  446  Appraisal Practice.
  447         Section 24. Paragraph (n) of subsection (1) of section
  448  475.6245, Florida Statutes, is amended to read:
  449         475.6245 Discipline of appraisal management companies.—
  450         (1) The board may deny an application for registration of
  451  an appraisal management company; may investigate the actions of
  452  any appraisal management company registered under this part; may
  453  reprimand or impose an administrative fine not to exceed $5,000
  454  for each count or separate offense against any such appraisal
  455  management company; and may revoke or suspend, for a period not
  456  to exceed 10 years, the registration of any such appraisal
  457  management company, or place any such appraisal management
  458  company on probation, if the board finds that the appraisal
  459  management company or any person listed in s. 475.6235(2)(f):
  460         (n) Has instructed an appraiser to violate any standard of
  461  professional practice established by rule of the board,
  462  including standards for the development or communication of a
  463  real estate appraisal or other provision of the Uniform
  464  Standards of Professional Appraisal Practice.
  465         Section 25. Paragraphs (d) through (h) of subsection (1) of
  466  section 475.626, Florida Statutes, are redesignated as
  467  paragraphs (b) through (f), respectively, and present paragraphs
  468  (b) and (c) of that subsection are amended to read:
  469         475.626 Violations and penalties.—
  470         (1) A person may not:
  471         (b) Violate any lawful order or rule of the board which is
  472  binding upon her or him.
  473         (c) If a registered trainee appraiser or a licensed or
  474  certified appraiser, commit any conduct or practice set forth in
  475  s. 475.624.
  476         Section 26. Paragraphs (c) through (f) of subsection (1) of
  477  section 476.194, Florida Statutes, are redesignated as
  478  paragraphs (b) through (e), respectively, and present paragraph
  479  (b) of that subsection is amended to read:
  480         476.194 Prohibited acts.—
  481         (1) It is unlawful for any person to:
  482         (b) Engage in willful or repeated violations of this act or
  483  of any of the rules adopted by the board.
  484         Section 27. Paragraphs (d) through (h) of subsection (1) of
  485  section 477.0265, Florida Statutes, are redesignated as
  486  paragraphs (c) through (g), respectively, and present paragraph
  487  (c) of that subsection is amended to read:
  488         477.0265 Prohibited acts.—
  489         (1) It is unlawful for any person to:
  490         (c) Engage in willful or repeated violations of this
  491  chapter or of any rule adopted by the board.
  492         Section 28. Section 475.628, Florida Statutes, is amended
  493  to read:
  494         475.628 Professional standards for appraisers registered,
  495  licensed, or certified under this part.—The board shall adopt
  496  rules establishing standards of professional practice which meet
  497  or exceed nationally recognized standards of appraisal practice,
  498  including standards adopted by the Appraisal Standards Board of
  499  the Appraisal Foundation. Each appraiser registered, licensed,
  500  or certified under this part must shall comply with the rules
  501  Uniform Standards of Professional Appraisal Practice. Statements
  502  on appraisal standards which may be issued for the purpose of
  503  clarification, interpretation, explanation, or elaboration
  504  through the Appraisal Foundation shall also be binding on any
  505  appraiser registered, licensed, or certified under this part,
  506  upon adoption by rule of the board.
  507         Section 29. Paragraph (c) of subsection (5) of section
  508  373.461, Florida Statutes, is amended to read:
  509         373.461 Lake Apopka improvement and management.—
  510         (5) PURCHASE OF AGRICULTURAL LANDS.—
  511         (c) The district shall explore the availability of funding
  512  from all sources, including any federal, state, regional, and
  513  local land acquisition funding programs, to purchase the
  514  agricultural lands described in paragraph (a). It is the
  515  Legislature’s intent that, if such funding sources can be
  516  identified, acquisition of the lands described in paragraph (a)
  517  may be undertaken by the district to purchase these properties
  518  from willing sellers. However, the purchase price paid for
  519  acquisition of such lands that were in active cultivation during
  520  1996 may shall not exceed the highest appraisal obtained by the
  521  district for these lands from a state-certified general
  522  appraiser following the standards of professional practice
  523  established by rule of the Florida Real Estate Appraisal Board,
  524  including standards for the development or communication of a
  525  real estate appraisal Uniform Standards of Professional
  526  Appraisal Practice. This maximum purchase price limitation may
  527  shall not include, nor be applicable to, that portion of the
  528  purchase price attributable to consideration of income described
  529  in paragraph (b), or that portion attributable to related
  530  facilities, or closing costs.
  531         Section 30. Paragraph (d) of subsection (1) of section
  532  468.841, Florida Statutes, is amended to read:
  533         468.841 Exemptions.—
  534         (1) The following persons are not required to comply with
  535  any provisions of this part relating to mold assessment:
  536         (d) Persons or business organizations acting within the
  537  scope of the respective licenses required under part XV of this
  538  chapter, chapter 471, part I or part II of chapter 481, chapter
  539  482, or chapter 489 are acting on behalf of an insurer under
  540  part VI of chapter 626, or are persons in the manufactured
  541  housing industry who are licensed under chapter 320, except when
  542  any such persons or business organizations hold themselves out
  543  for hire to the public as a “certified mold assessor,”
  544  “registered mold assessor,” “licensed mold assessor,” “mold
  545  assessor,” “professional mold assessor,” or any combination
  546  thereof stating or implying licensure under this part.
  547         Section 31. Paragraphs (c) and (d) of subsection (1) of
  548  section 475.611, Florida Statutes, are amended, paragraphs (t)
  549  through (x) are redesignated as paragraphs (u) through (y),
  550  respectively, and a new paragraph (t) is added to that
  551  subsection, to read:
  552         475.611 Definitions.—
  553         (1) As used in this part, the term:
  554         (c) “Appraisal management company” means a person who
  555  performs appraisal management services regardless of the use of
  556  the term “appraisal management company,” “appraiser
  557  cooperative,” “appraiser portal,” “mortgage technology company,”
  558  or other term.
  559         (d) “Appraisal management services” means the coordination
  560  or management of appraisal services for compensation by:
  561         1. Employing, contracting with, or otherwise retaining one
  562  or more licensed or certified appraisers to perform appraisal
  563  services for a client; or
  564         2. Acting as a broker or intermediary between a client and
  565  one or more licensed or certified appraisers to facilitate the
  566  client’s employing, contracting with, or otherwise retaining the
  567  appraisers.
  568         (t) “Subsidiary” means an organization that is owned and
  569  controlled by a financial institution that is regulated by a
  570  federal financial institution regulatory agency.
  571         Section 32. Subsection (4) of section 475.6171, Florida
  572  Statutes, is amended to read:
  573         475.6171 Issuance of registration or certification.—The
  574  registration or certification of an applicant may be issued upon
  575  receipt by the board of the following:
  576         (4) If required, proof of passing a written examination as
  577  specified in s. 475.616. No certification shall be issued based
  578  upon any examination results obtained more than 24 months after
  579  the date of examination.
  580         Section 33. Subsection (1) of section 475.6235, Florida
  581  Statutes, is amended, and subsection (9) is added to that
  582  section, to read:
  583         475.6235 Registration of appraisal management companies
  584  required; exemptions.—
  585         (1) A person may not engage, or offer to engage, in
  586  appraisal management services for compensation in this state,
  587  advertise or represent herself or himself as an appraisal
  588  management company, or use the titles “appraisal management
  589  company,” “appraiser cooperative,” “appraiser portal,” or
  590  “mortgage technology company,” or any abbreviation or words to
  591  that effect, unless the person is registered with the department
  592  as an appraisal management company under this section. However,
  593  an employee of an appraisal management company is not required
  594  to obtain a separate registration.
  595         (9) This section does not apply to:
  596         (a) A financial institution, as defined in s. 655.005,
  597  which owns and operates an internal appraisal office, business
  598  unit, or department; or
  599         (b) An appraisal management company that is a subsidiary
  600  owned and controlled by a financial institution, as defined in
  601  s. 655.005, which is regulated by a federal financial
  602  institution regulatory agency.
  603         Section 34. Subsection (12) is added to section 455.213,
  604  Florida Statutes, to read:
  605         455.213 General licensing provisions.—
  606         (12) The department shall waive the initial licensing fee,
  607  the initial application fee, and the initial unlicensed activity
  608  fee for a military veteran who applies to the department for a
  609  license, in a format prescribed by the department, within 24
  610  months after discharge from any branch of the United States
  611  Armed Forces. To qualify for this waiver, the veteran must have
  612  been honorably discharged.
  613         Section 35. Paragraph (c) of subsection (2) of section
  614  475.451, Florida Statutes, is amended, present subsections (4)
  615  through (8) are renumbered as subsections (5) through (9),
  616  respectively, and a new subsection (4) is added to that section,
  617  to read:
  618         475.451 Schools teaching real estate practice.—
  619         (2) An applicant for a permit to operate a proprietary real
  620  estate school, to be a chief administrator of a proprietary real
  621  estate school or a state institution, or to be an instructor for
  622  a proprietary real estate school or a state institution must
  623  meet the qualifications for practice set forth in s. 475.17(1)
  624  and the following minimal requirements:
  625         (c) “School instructor” means an individual who instructs
  626  persons in the classroom in noncredit college courses in a
  627  college, university, or community college or courses in a career
  628  center or proprietary real estate school.
  629         1. Before commencing to provide such instruction, the
  630  applicant must certify the applicant’s competency and obtain an
  631  instructor permit by meeting one of the following requirements:
  632         a. Hold a bachelor’s degree in a business-related subject,
  633  such as real estate, finance, accounting, business
  634  administration, or its equivalent and hold a valid broker’s
  635  license in this state.
  636         b. Hold a bachelor’s degree, have extensive real estate
  637  experience, as defined by rule, and hold a valid broker’s
  638  license in this state.
  639         c. Pass an instructor’s examination approved by the
  640  commission.
  641         2. Any requirement by the commission for a teaching
  642  demonstration or practical examination must apply to all school
  643  instructor applicants.
  644         3. The department shall renew an instructor permit upon
  645  receipt of a renewal application and fee. The renewal
  646  application shall include proof that the permitholder has, since
  647  the issuance or renewal of the current permit, successfully
  648  completed a minimum of 7 classroom or distance learning hours of
  649  instruction in real estate subjects or instructional techniques,
  650  as prescribed by the commission. The commission shall adopt
  651  rules providing for the renewal of instructor permits at least
  652  every 2 years. Any permit that which is not renewed at the end
  653  of the permit period established by the department shall
  654  automatically reverts revert to involuntarily inactive status.
  655  
  656  The department may require an applicant to submit names of
  657  persons having knowledge concerning the applicant and the
  658  enterprise; may propound interrogatories to such persons and to
  659  the applicant concerning the character of the applicant,
  660  including the taking of fingerprints for processing through the
  661  Federal Bureau of Investigation; and shall make such
  662  investigation of the applicant or the school or institution as
  663  it may deem necessary to the granting of the permit. If an
  664  objection is filed, it shall be considered in the same manner as
  665  objections or administrative complaints against other applicants
  666  for licensure by the department.
  667         (4) A real estate school may offer any course through
  668  distance learning if the course complies with s. 475.17(2).
  669         Section 36. This act shall take effect July 1, 2012.