Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1824
Barcode 294240
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2011 .
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The Committee on Regulated Industries (Dean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 51 - 348
4 and insert:
5 the purpose of identifying subjects who are under investigation
6 for unlicensed activity pursuant to s. 455.228; to the
7 Department of State pursuant to an interagency agreement to
8 facilitate determinations of eligibility of voter registration
9 applicants and registered voters in accordance with ss. 98.045
10 and 98.075; to the Department of Revenue pursuant to an
11 interagency agreement for use in establishing paternity and
12 establishing, modifying, or enforcing support obligations in
13 Title IV-D cases; to the Department of Children and Family
14 Services pursuant to an interagency agreement to conduct
15 protective investigations under part III of chapter 39 and
16 chapter 415; to the Department of Children and Family Services
17 pursuant to an interagency agreement specifying the number of
18 employees in each of that department’s regions to be granted
19 access to the records for use as verification of identity to
20 expedite the determination of eligibility for public assistance
21 and for use in public assistance fraud investigations; or to the
22 Department of Financial Services pursuant to an interagency
23 agreement to facilitate the location of owners of unclaimed
24 property, the validation of unclaimed property claims, and the
25 identification of fraudulent or false claims.
26 Section 2. Subsection (12) is added to section 455.213,
27 Florida Statutes, to read:
28 455.213 General licensing provisions.—
29 (12) The department may grant a fee waiver for a license
30 renewal to a licensee on a case-by-case basis due to financial
31 hardship or an error caused by the department.
32 Section 3. Subsection (10) of section 455.271, Florida
33 Statutes, is amended to read:
34 455.271 Inactive and delinquent status.—
35 (10) The board, or the department if there is no board,
36 shall require Before reactivation, an inactive or delinquent
37 licensee, except a licensee under chapter 473 or chapter 475, to
38 complete one renewal cycle of shall meet the same continuing
39 education in order to reactivate a license requirements, if any,
40 imposed on an active status licensee for all biennial licensure
41 periods in which the licensee was inactive or delinquent. This
42 subsection does not apply to persons regulated under chapter
43 473.
44 Section 4. Subsection (1) of section 475.42, Florida
45 Statutes, is amended to read:
46 475.42 Violations and penalties.—
47 (1) VIOLATIONS.—
48 (a) A person may not operate as a broker or sales associate
49 without being the holder of a valid and current active license
50 therefor. Any person who violates this paragraph commits a
51 felony of the third degree, punishable as provided in s. 775.082
52 or s. 775.083, or, if a corporation, as provided in s. 775.083.
53 (b) A person licensed as a sales associate may not operate
54 as a broker or operate as a sales associate for any person not
55 registered as her or his employer.
56 (c) A broker may not employ, or continue in employment, any
57 person as a sales associate who is not the holder of a valid and
58 current license as sales associate; but a license as sales
59 associate may be issued to a person licensed as an active
60 broker, upon request and surrender of the license as broker,
61 without a fee in addition to that paid for the issuance of the
62 broker’s active license.
63 (d) A sales associate may not collect any money in
64 connection with any real estate brokerage transaction, whether
65 as a commission, deposit, payment, rental, or otherwise, except
66 in the name of the employer and with the express consent of the
67 employer; and no real estate sales associate, whether the holder
68 of a valid and current license or not, shall commence or
69 maintain any action for a commission or compensation in
70 connection with a real estate brokerage transaction against any
71 person except a person registered as her or his employer at the
72 time the sales associate performed the act or rendered the
73 service for which the commission or compensation is due.
74 (e) A person may not violate any lawful order or rule of
75 the commission which is binding upon her or him.
76 (e)(f) A person may not commit any conduct or practice set
77 forth in s. 475.25(1)(b), (c), (d), or (g) (h).
78 (f)(g) A person may not make any false affidavit or
79 affirmation intended for use as evidence by or before the
80 commission or a member thereof, or by any of its authorized
81 representatives, nor may any person give false testimony under
82 oath or affirmation to or before the commission or any member
83 thereof in any proceeding authorized by this chapter.
84 (g)(h) A person may not fail or refuse to appear at the
85 time and place designated in a subpoena issued with respect to a
86 violation of this chapter, unless because of facts that are
87 sufficient to excuse appearance in response to a subpoena from
88 the circuit court; nor may a person who is present before the
89 commission or a member thereof or one of its authorized
90 representatives acting under authority of this chapter refuse to
91 be sworn or to affirm or fail or refuse to answer fully any
92 question propounded by the commission, the member, or such
93 representative, or by any person by the authority of such
94 officer or appointee; nor may any person, so being present,
95 conduct herself or himself in a disorderly, disrespectful, or
96 contumacious manner.
97 (h)(i) A person may not obstruct or hinder in any manner
98 the enforcement of this chapter or the performance of any lawful
99 duty by any person acting under the authority of this chapter or
100 interfere with, intimidate, or offer any bribe to any member of
101 the commission or any of its employees or any person who is, or
102 is expected to be, a witness in any investigation or proceeding
103 relating to a violation of this chapter.
104 (i)(j) A broker or sales associate may not place, or cause
105 to be placed, upon the public records of any county, any
106 contract, assignment, deed, will, mortgage, affidavit, or other
107 writing which purports to affect the title of, or encumber, any
108 real property if the same is known to her or him to be false,
109 void, or not authorized to be placed of record, or not executed
110 in the form entitling it to be recorded, or the execution or
111 recording whereof has not been authorized by the owner of the
112 property, maliciously or for the purpose of collecting a
113 commission, or to coerce the payment of money to the broker or
114 sales associate or other person, or for any unlawful purpose.
115 However, nothing in this paragraph shall be construed to
116 prohibit a broker or a sales associate from recording a judgment
117 rendered by a court of this state or to prohibit a broker from
118 placing a lien on a property where expressly permitted by
119 contractual agreement or otherwise allowed by law.
120 (j)(k) A person may not operate as a broker under a trade
121 name without causing the trade name to be noted in the records
122 of the commission and placed on the person’s license, or so
123 operate as a member of a partnership or as a corporation or as
124 an officer or manager thereof, unless such partnership or
125 corporation is the holder of a valid current registration.
126 (k)(l) A person may not knowingly conceal any information
127 relating to violations of this chapter.
128 (l)(m) A person may not undertake to list or sell one or
129 more timeshare periods per year in one or more timeshare plans
130 on behalf of any number of persons without first being the
131 holder of a valid and current license as a broker or sales
132 associate pursuant to this chapter, except as provided in s.
133 475.011 and chapter 721.
134 (m)(n) A broker or sales associate may not enter into any
135 listing or other agreement regarding her or his services in
136 connection with the resale of a timeshare period unless the
137 broker or sales associate fully and fairly discloses all
138 material aspects of the agreement to the owner of the timeshare
139 period. Further, a broker or sales associate may not use any
140 form of contract or purchase and sale agreement in connection
141 with the resale of a timeshare period unless the contract or
142 purchase and sale agreement fully and fairly discloses all
143 material aspects of the timeshare plan and the rights and
144 obligations of both buyer and seller. The commission is
145 authorized to adopt rules pursuant to chapter 120 as necessary
146 to implement, enforce, and interpret this paragraph.
147 (n)(o) A person may not disseminate or cause to be
148 disseminated by any means any false or misleading information
149 for the purpose of offering for sale, or for the purpose of
150 causing or inducing any other person to purchase, lease, or
151 rent, real estate located in the state or for the purpose of
152 causing or inducing any other person to acquire an interest in
153 the title to real estate located in the state.
154 Section 5. Subsection (2) of section 477.0212, Florida
155 Statutes, is amended to read:
156 477.0212 Inactive status.—
157 (2) The board shall promulgate rules relating to licenses
158 which have become inactive and for the renewal of inactive
159 licenses. The board shall prescribe by rule a fee not to exceed
160 $50 for the reactivation of an inactive license and a fee not to
161 exceed $50 for the renewal of an inactive license. The board
162 shall also require a licensee to complete one renewal cycle of
163 continuing education requirements.
164 Section 6. Subsection (1) of section 477.0265, Florida
165 Statutes, is amended to read:
166 477.0265 Prohibited acts.—
167 (1) It is unlawful for any person to:
168 (a) Engage in the practice of cosmetology or a specialty
169 without an active license as a cosmetologist or registration as
170 a specialist issued by the department pursuant to the provisions
171 of this chapter.
172 (b) Own, operate, maintain, open, establish, conduct, or
173 have charge of, either alone or with another person or persons,
174 a cosmetology salon or specialty salon:
175 1. Which is not licensed under the provisions of this
176 chapter; or
177 2. In which a person not licensed or registered as a
178 cosmetologist or a specialist is permitted to perform
179 cosmetology services or any specialty.
180 (c) Engage in willful or repeated violations of this
181 chapter or of any rule adopted by the board.
182 (c)(d) Permit an employed person to engage in the practice
183 of cosmetology or of a specialty unless such person holds a
184 valid, active license as a cosmetologist or registration as a
185 specialist.
186 (d)(e) Obtain or attempt to obtain a license or
187 registration for money, other than the required fee, or any
188 other thing of value or by fraudulent misrepresentations.
189 (e)(f) Use or attempt to use a license to practice
190 cosmetology or a registration to practice a specialty, which
191 license or registration is suspended or revoked.
192 (f)(g) Advertise or imply that skin care services or body
193 wrapping, as performed under this chapter, have any relationship
194 to the practice of massage therapy as defined in s. 480.033(3),
195 except those practices or activities defined in s. 477.013.
196 (g)(h) In the practice of cosmetology, use or possess a
197 cosmetic product containing a liquid nail monomer containing any
198 trace of methyl methacrylate (MMA).
199 Section 7. Subsection (1) of section 481.217, Florida
200 Statutes, is amended to read:
201 481.217 Inactive status.—
202 (1) The board may prescribe by rule continuing education
203 requirements as a condition of reactivating a license. The
204 licensee must complete one renewal cycle of continuing education
205 requirements in order to reactivate The continuing education
206 requirements for reactivating a license for a registered
207 architect may not exceed 12 contact hours for each year the
208 license was inactive. The minimum continuing education
209 requirement for reactivating a license for a registered interior
210 designer shall be those of the most recent biennium plus one
211 half of the requirements in s. 481.215 for each year or part
212 thereof during which the license was inactive. The board shall
213 only approve continuing education that builds only upon the
214 basic knowledge of interior design.
215 Section 8. Subsection (1) of section 481.315, Florida
216 Statutes, is amended to read:
217 481.315 Inactive status.—
218 (1) A license that has become inactive or delinquent may be
219 reactivated under this section upon application to the
220 department and payment of any applicable biennial renewal or
221 delinquency fee, or both, and a reactivation fee. The board
222 shall also require a licensee to complete one renewal cycle of
223 continuing education requirements. The board may prescribe by
224 rule continuing education requirements as a condition of
225 reactivating the license. The continuing education requirements
226 for reactivating a license may not exceed 12 classroom hours for
227 each year the license was inactive.
228 Section 9. Subsections (3) and (6) of section 489.116,
229 Florida Statutes, are amended to read:
230 489.116 Inactive and delinquent status; renewal and
231 cancellation notices.—
232 (3) An inactive status certificateholder or registrant may
233 change to active status at any time, provided the
234 certificateholder or registrant meets all requirements for
235 active status, pays any additional licensure fees necessary to
236 equal those imposed on an active status certificateholder or
237 registrant, and pays any applicable late fees, and completes one
238 renewal cycle of continuing education requirements.
239 (6) An inactive certificateholder or registrant shall
240 complete one renewal cycle of comply with the same continuing
241 education requirements in order to reactive his or her
242 certification or registration, if any, that are imposed on an
243 active status certificateholder or registrant.
244 Section 10. Subsection (1) of section 489.519, Florida
245 Statutes, is amended to read:
246 489.519 Inactive status.—
247 (1) A certificate or registration that has become inactive
248 may be reactivated under s. 489.517 upon application to the
249 department. The licensee must complete one renewal cycle of
250 continuing education requirements. The board may prescribe, by
251 rule, continuing education requirements as a condition of
252 reactivating a certificate or registration. The continuing
253 education requirements for reactivating a certificate or
254 registration may not exceed 12 classroom hours for each year the
255 certificate or registration was inactive.
256 Section 11. Effective July 1, 2014, paragraph (v) of
257 subsection (1) of section 475.611, Florida Statutes, as amended
258 by chapter 2010-84, Laws of Florida, is repealed.
259 Section 12. Notwithstanding the amendment made by this act
260 to section 10 of chapter 2010-84, Laws of Florida, effective
261 upon this act becoming a law, paragraphs (b) and (c) of
262 subsection (1) of section 475.626, Florida Statutes, as amended
263 by chapter 2010-84, Laws of Florida, are repealed.
264 Section 13. Subsection (14) of section 475.624, Florida
265 Statutes, as amended by chapter 2010-84, Laws of Florida, is
266 amended to read:
267 475.624 Discipline of appraisers.—The board may deny an
268 application for registration or certification of an appraiser;
269 may investigate the actions of any appraiser registered,
270 licensed, or certified under this part; may reprimand or impose
271 an administrative fine not to exceed $5,000 for each count or
272 separate offense against any such appraiser; and may revoke or
273 suspend, for a period not to exceed 10 years, the registration,
274 license, or certification of any such appraiser, or place any
275 such appraiser on probation, if the board finds that the
276 registered trainee, licensee, or certificateholder:
277 (14) Has violated any standard of professional practice,
278 including standards for the development or communication of a
279 real estate appraisal, as established by board rule or other
280 provision of the Uniform Standards of Professional Appraisal
281 Practice.
282 Section 14. Section 475.628, Florida Statutes, is amended
283 to read:
284 475.628 Professional standards for appraisers registered,
285 licensed, or certified under this part.—Each appraiser
286 registered, licensed, or certified under this part shall comply
287 with the standards of professional practice as established by
288 board rules. The board shall adopt rules stating the standards
289 of practice that meet or exceed nationally recognized standards
290 of appraisal practice, including the professional standards of
291 the Appraisal Foundation Uniform Standards of Professional
292 Appraisal Practice. Statements on appraisal standards which may
293 be issued for the purpose of clarification, interpretation,
294 explanation, or elaboration through the Appraisal Foundation
295 shall also be binding on any appraiser registered, licensed, or
296 certified under this part, upon adoption by board rule.
297 Section 15. Subsection (7) of section 509.032, Florida
298 Statutes, is amended to read:
299 509.032 Duties.—
300 (7) PREEMPTION AUTHORITY.—The regulation of public lodging
301 establishments and public food service establishments,
302 including, but not limited to, the inspection of public lodging
303 establishments and public food service establishments for
304 compliance with the sanitation standards, inspections, adopted
305 under this section, and the regulation of food safety protection
306 standards for required training and testing of food service
307 establishment personnel, and matters related to the nutritional
308 content and marketing of foods offered in such establishments
309 are preempted to the state. This subsection does not preempt the
310 authority of a local government or local enforcement district to
311 conduct inspections of public lodging and public food service
312 establishments for compliance with the Florida Building Code and
313 the Florida Fire Prevention Code, pursuant to ss. 553.80 and
314 633.022.
315 Section 16. Subsection (1) of section 509.261, Florida
316 Statutes, is amended to read:
317 509.261 Revocation or suspension of licenses; fines;
318 procedure.—
319 (1) Any public lodging establishment or public food service
320 establishment that has operated or is operating in violation of
321 this chapter or the rules of the division, operating without a
322 license, or operating with a suspended or revoked license may be
323 subject by the division to:
324 (a) Fines not to exceed $1,000 per offense;
325 (b) Mandatory completion attendance, at personal expense,
326 of a remedial at an educational program administered sponsored
327 by a food safety training program provider whose program been
328 approved by the division, as provided in s. 509.049 the
329 Hospitality Education Program; and
330 (c) The suspension, revocation, or refusal of a license
331 issued pursuant to this chapter.
332 Section 17. Effective upon this act becoming a law, section
333 10 of chapter 2010-84, Laws of Florida, is amended to read:
334 Section 10. This act shall take effect July 1, 2014 2011.
335 Section 18. Except as otherwise expressly provided in this
336 act and except for this section, which shall take effect upon
337 this act becoming a law, this act shall take effect July 1,
338 2011.
339
340 ================= T I T L E A M E N D M E N T ================
341 And the title is amended as follows:
342 Delete lines 2 - 32
343 and insert:
344 An act relating to regulated professions and
345 occupations; amending s. 322.142, F.S.; authorizing
346 the Department of Highway Safety and Motor Vehicles to
347 release certain digital images to the Department of
348 Business and Professional Regulation to identify
349 certain persons; amending s. 455.213, F.S.;
350 authorizing the Department of Business and
351 Professional Regulation to grant waivers of renewal
352 fees under certain circumstances; amending s. 455.271,
353 F.S.; revising continuing education requirements for
354 certain license reactivations; amending s. 475.42,
355 F.S.; revising violations and penalties for real
356 estate professionals; amending s. 477.0212, F.S.;
357 revising continuing education requirements for
358 cosmetology license reactivations; amending s.
359 477.0265, F.S.; revising prohibited acts for
360 cosmetologists; amending s. 481.217, F.S.; revising
361 continuing education requirements for license
362 reactivation of architect or interior design licenses;
363 amending s. 481.315, F.S.; revising continuing
364 education requirements for landscape architect license
365 reactivations; amending s. 489.116, F.S.; revising
366 continuing education requirements for contractor
367 license reactivations; amending s. 489.519, F.S.;
368 revising continuing education requirements for
369 electrical and alarm system contractor license
370 reactivations; repealing s. 475.611(1)(v), F.S.,
371 relating to Uniform Standards of Professional
372 Appraisal Practice; repealing s. 475.626(1)(b) and
373 (c), F.S., relating to violations and penalties
374 against registered appraisers; amending s. 475.624,
375 F.S.; establishing professional standards for
376 appraisers by board rule; amending s. 475.628, F.S.;
377 authorizing the board to adopt rules establishing
378 standards of professional appraisal practice; amending
379 s. 509.032, F.S.; clarifying provisions relating to
380 the preemption to the state of the regulation of
381 public lodging and public food service establishments;
382 amending s. 509.261, F.S.; providing for remedial
383 training in response to certain violations by public
384 lodging and food service establishments; amending s.
385 10, chapter 2010-84, Laws of Florida; delaying the
386 effective date of provisions relating to the
387 discipline of appraisal management companies;
388 providing effective dates.