Amendment
Bill No. CS/HB 5007

Amendment No. 774853

CHAMBER ACTION
Senate		House
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1	The Conference Committee on CS/HB 5007 offered the following:
2
3	Conference Committee Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Section 320.90, Florida Statutes, is amended to
6	read:
7	320.90  Notification of consumer's rights.-The department
8	shall develop a motor vehicle consumer's rights pamphlet which
9	shall be distributed free of charge by the Department of Legal
10	Affairs Agriculture and Consumer Services to the motor vehicle
11	owner upon request. Such pamphlet must contain information
12	relating to odometer fraud and provide a summary of the rights
13	and remedies available to all purchasers of motor vehicles.
14	Section 2.  Subsection (4) of section 322.142, Florida
15	Statutes, is amended to read:
16	322.142  Color photographic or digital imaged licenses.-
17	(4)  The department may maintain a film negative or print
18	file. The department shall maintain a record of the digital
19	image and signature of the licensees, together with other data
20	required by the department for identification and retrieval.
21	Reproductions from the file or digital record are exempt from
22	the provisions of s. 119.07(1) and shall be made and issued only
23	for departmental administrative purposes; for the issuance of
24	duplicate licenses; in response to law enforcement agency
25	requests; to the Department of Business and Professional
26	Regulation pursuant to an interagency agreement for the purpose
27	of accessing digital images for reproduction of licenses issued
28	by the Department of Business and Professional Regulation or for
29	the purpose of identifying subjects under investigation for
30	unlicensed activity pursuant to s. 455.228; to the Department of
31	State pursuant to an interagency agreement to facilitate
32	determinations of eligibility of voter registration applicants
33	and registered voters in accordance with ss. 98.045 and 98.075;
34	to the Department of Revenue pursuant to an interagency
35	agreement for use in establishing paternity and establishing,
36	modifying, or enforcing support obligations in Title IV-D cases;
37	to the Department of Children and Family Services pursuant to an
38	interagency agreement to conduct protective investigations under
39	part III of chapter 39 and chapter 415; to the Department of
40	Children and Family Services pursuant to an interagency
41	agreement specifying the number of employees in each of that
42	department's regions to be granted access to the records for use
43	as verification of identity to expedite the determination of
44	eligibility for public assistance and for use in public
45	assistance fraud investigations; or to the Department of
46	Financial Services pursuant to an interagency agreement to
47	facilitate the location of owners of unclaimed property, the
48	validation of unclaimed property claims, and the identification
49	of fraudulent or false claims.
50	Section 3.  Subsection (12) is added to section 455.213,
51	Florida Statutes, to read:
52	455.213  General licensing provisions.-
53	(12)  The department may grant a fee waiver for a license
54	renewal to a licensee on a case-by-case basis due to financial
55	hardship or an error caused by the department.
56	Section 4.  Section 468.8324, Florida Statutes, is amended
57	to read:
58	468.8324  Grandfather clause.-
59	(1)  A person who performs home inspection services may
60	qualify for licensure as a home inspector under this part if the
61	person submits an application to the department postmarked on or
62	before July 1, 2012, which shows that the applicant:
63	(a)  Possesses certification as a one- and two-family
64	dwelling inspector issued by the International Code Council or
65	the Southern Building Code Congress International;
66	(b)  Has been certified as a one- and two-family dwelling
67	inspector by the Florida Building Code Administrators and
68	Inspectors Board under part XII of this chapter; or
69	(c)  Possesses a Division I contractor license issued under
70	part I of chapter 489.
71	(1)  A person who performs home inspection services as
72	defined in this part may qualify for licensure by the department
73	as a home inspector if the person submits an application to the
74	department postmarked on or before March 1, 2011, which shows
75	that the applicant:
76	(a)  Is certified as a home inspector by a state or
77	national association that requires, for such certification,
78	successful completion of a proctored examination on home
79	inspection services and completes at least 14 hours of
80	verifiable education on such services; or
81	(b)  Has at least 3 years of experience as a home inspector
82	at the time of application and has completed 14 hours of
83	verifiable education on home inspection services. To establish
84	the 3 years of experience, an applicant must submit at least 120
85	home inspection reports prepared by the applicant.
86	(2)  The department may investigate the validity of a home
87	inspection report submitted under paragraph (1)(b) and, if the
88	applicant submits a false report, may take disciplinary action
89	against the applicant under s. 468.832(1)(e) or (g).
90	(2)(3)  An applicant may not qualify for licensure under
91	this section if he or she has had a home inspector license or a
92	license in any related field revoked at any time or suspended
93	within the previous 5 years or has been assessed a fine that
94	exceeds $500 within the previous 5 years. For purposes of this
95	subsection, a license in a related field includes, but is not
96	limited to, licensure in real estate, construction, mold-related
97	services, or building code administration or inspection.
98	(3)(4)  An applicant for licensure under this section must
99	comply with the criminal history, good moral character, and
100	insurance requirements of this part.
101	Section 5.  Subsections (4) through (6) of section
102	468.8413, Florida Statutes, are renumbered as subsections (3)
103	through (5), respectively, and present subsections (2) and (3)
104	of that section are amended to read:
105	468.8413  Examinations.-
106	(2)  An applicant may practice in this state as a mold
107	assessor or mold remediator if he or she passes the required
108	examination, is of good moral character, and possesses a high
109	school diploma or its equivalent completes one of the following
110	requirements:
111	(a)1.  For a mold remediator, at least a 2-year associate
112	of arts degree, or the equivalent, with at least 30 semester
113	hours in microbiology, engineering, architecture, industrial
114	hygiene, occupational safety, or a related field of science from
115	an accredited institution and a minimum of 1 year of documented
116	field experience in a field related to mold remediation; or
117	2.  A high school diploma or the equivalent with a minimum
118	of 4 years of documented field experience in a field related to
119	mold remediation.
120	(b)1.  For a mold assessor, at least a 2-year associate of
121	arts degree, or the equivalent, with at least 30 semester hours
122	in microbiology, engineering, architecture, industrial hygiene,
123	occupational safety, or a related field of science from an
124	accredited institution and a minimum of 1 year of documented
125	field experience in conducting microbial sampling or
126	investigations; or
127	2.  A high school diploma or the equivalent with a minimum
128	of 4 years of documented field experience in conducting
129	microbial sampling or investigations.
130	(3)  The department shall review and approve courses of
131	study in mold assessment and mold remediation.
132	Section 6.  Subsections (2) and (3) of section 468.8414,
133	Florida Statutes, are amended to read:
134	468.8414  Licensure.-
135	(2)  The department shall certify for licensure any
136	applicant who satisfies the requirements of s. 468.8413 and
137	passes, who has passed the licensing examination, and who has
138	documented training in water, mold, and respiratory protection.
139	The department may refuse to certify any applicant who has
140	violated any provision of the provisions of this part.
141	(3)  The department shall certify as qualified for a
142	license by endorsement an applicant who is of good moral
143	character, who has the insurance coverage required under s.
144	468.8421, and who:
145	(a)  Is qualified to take the examination as set forth in
146	s. 468.8413 and has passed a certification examination offered
147	by a nationally recognized or state-recognized organization that
148	certifies persons in the specialty of mold assessment or mold
149	remediation that has been approved by the department as
150	substantially equivalent to the requirements of this part and s.
151	455.217; or
152	(b)  Holds a valid license to practice mold assessment or
153	mold remediation issued by another state or territory of the
154	United States if the criteria for issuance of the license were
155	substantially the same as the licensure criteria that is
156	established by this part as determined by the department.
157	Section 7.  Paragraphs (b) through (h) of subsection (1) of
158	section 468.8419, Florida Statutes, are redesignated as
159	paragraphs (a) through (g), respectively, paragraphs (b) through
160	(g) of subsection (2) are redesignated as paragraphs (a) through
161	(f), respectively, and present paragraph (a) of subsection (1),
162	present paragraph (a) of subsection (2), and subsection (4) of
163	that section are amended to read:
164	468.8419  Prohibitions; penalties.-
165	(1)  A person may not:
166	(a)  Effective July 1, 2011, perform or offer to perform
167	any mold assessment unless the mold assessor has documented
168	training in water, mold, and respiratory protection under s.
169	468.8414(2).
170	(2)  A mold remediator, a company that employs a mold
171	remediator, or a company that is controlled by a company that
172	also has a financial interest in a company employing a mold
173	remediator may not:
174	(a)  Perform or offer to perform any mold remediation
175	unless the remediator has documented training in water, mold,
176	and respiratory protection under s. 468.8414(2).
177	(4)  This section does not apply to unlicensed activity as
178	described in paragraph (1)(a), paragraph (1)(a)(b), or s.
179	455.228 that occurs before July 1, 2011.
180	Section 8.  Subsection (1) of section 468.8423, Florida
181	Statutes, is amended to read:
182	468.8423  Grandfather clause.-
183	(1)  A person who performs mold assessment or mold
184	remediation as defined in this part may qualify for licensure by
185	the department as a mold assessor or mold remediator if the
186	person submits his or her application to the department by July
187	1, 2012 March 1, 2011, whether postmarked or delivered by that
188	date, and if the person:
189	(a)  Is certified as a mold assessor or mold remediator by
190	a state or national association that requires, for such
191	certification, successful completion of a proctored examination
192	on mold assessment or mold remediation, as applicable, and
193	completes at least 60 hours of education on mold assessment or
194	at least 30 hours of education on mold remediation, as
195	applicable; or
196	(b)  At the time of application, has at least 1 year 3
197	years of experience as a mold assessor or mold remediator. To
198	establish the 1 year 3 years of experience, an applicant must
199	submit at least 10 40 mold assessments or remediation invoices
200	prepared by the applicant.
201	Section 9.  Subsection (1) of section 469.006, Florida
202	Statutes, is amended to read:
203	469.006  Licensure of business organizations; qualifying
204	agents.-
205	(1)  If an individual proposes to engage in consulting or
206	contracting in that individual's own name, or a fictitious name
207	under which the individual is doing business as a sole
208	proprietorship, the license may be issued only to that
209	individual.
210	Section 10.  Paragraphs (r) and (s) of subsection (1) of
211	section 475.611, Florida Statutes, are redesignated as
212	paragraphs (q) and (r), respectively, and present paragraph (q)
213	of that subsection is amended to read:
214	475.611  Definitions.-
215	(1)  As used in this part, the term:
216	(q)  "Uniform Standards of Professional Appraisal Practice"
217	means the most recent standards approved and adopted by the
218	Appraisal Standards Board of the Appraisal Foundation.
219	Section 11.  Effective July 1, 2014, paragraphs (w) and (x)
220	of subsection (1) of section 475.611, Florida Statutes, as
221	amended by chapter 2010-84, Laws of Florida, and this act, are
222	redesignated as paragraphs (v) and (w), respectively, and
223	paragraph (v) of that subsection is amended to read:
224	475.611  Definitions.-
225	(1)   As used in this part, the term:
226	(v)  "Uniform Standards of Professional Appraisal Practice"
227	means the most recent standards approved and adopted by the
228	Appraisal Standards Board of the Appraisal Foundation.
229	Section 12.  Paragraph (c) of subsection (5) of section
230	373.461, Florida Statutes, is amended to read:
231	373.461  Lake Apopka improvement and management.-
232	(5)  PURCHASE OF AGRICULTURAL LANDS.-
233	(c)  The district shall explore the availability of funding
234	from all sources, including any federal, state, regional, and
235	local land acquisition funding programs, to purchase the
236	agricultural lands described in paragraph (a). It is the
237	Legislature's intent of the Legislature that, if such funding
238	sources can be identified, acquisition of the lands described in
239	paragraph (a) may be undertaken by the district to purchase
240	these properties from willing sellers. However, the purchase
241	price paid for acquisition of such lands that were in active
242	cultivation during 1996 may shall not exceed the highest
243	appraisal obtained by the district for these lands from a state-
244	certified general appraiser following the Uniform standards of
245	professional Appraisal practice established by rule of the
246	Florida Real Estate Appraisal Board, including standards for the
247	development or communication of a real estate appraisal. This
248	maximum purchase price limitation does shall not include, and
249	does not apply nor be applicable to, that portion of the
250	purchase price attributable to consideration of income described
251	in paragraph (b), or that portion attributable to related
252	facilities, or closing costs.
253	Section 13.  Subsection (5) of section 475.615, Florida
254	Statutes, is amended to read:
255	475.615  Qualifications for registration or certification.-
256	(5)  At the time of filing an application for registration
257	or certification, the applicant must sign a pledge that, upon
258	registration or certification, she or he will to comply with the
259	Uniform standards of professional Appraisal practice established
260	by board rule, including standards for the development or
261	communication of a real estate appraisal, upon registration or
262	certification and must also indicate in writing that she or he
263	understands the types of misconduct for which disciplinary
264	proceedings may be initiated. The application shall expire 1
265	year after the date received by the department.
266	Section 14.  Subsection (4) of section 475.6235, Florida
267	Statutes, is amended to read:
268	475.6235  Registration of appraisal management companies
269	required.-
270	(4)  At the time of filing an application for registration
271	of an appraisal management company, each person listed in
272	paragraph (2)(f) must sign a pledge that, upon registration, she
273	or he will to comply with the Uniform standards of professional
274	Appraisal practice established by board rule, including
275	standards for the development or communication of a real estate
276	appraisal, upon registration and must also indicate in writing
277	that she or he understands the types of misconduct for which
278	disciplinary proceedings may be initiated. The application shall
279	expire 1 year after the date received by the department.
280	Section 15.  Subsection (1), paragraph (b) of subsection
281	(2), and paragraph (b) of subsection (3) of section 475.617,
282	Florida Statutes, are amended to read:
283	475.617  Education and experience requirements.-
284	(1)  To be registered as a trainee appraiser, an applicant
285	must present evidence satisfactory to the board that she or he
286	has successfully completed at least 100 hours of approved
287	academic courses in subjects related to real estate appraisal,
288	which must shall include coverage of the Uniform Standards of
289	Professional Appraisal Practice or equivalent standards
290	established by board rule from a nationally recognized or state-
291	recognized appraisal organization, career center, accredited
292	community college, college, or university, state or federal
293	agency or commission, or proprietary real estate school that
294	holds a permit pursuant to s. 475.451. The board may increase
295	the required number of hours to not more than 125 hours. A
296	classroom hour is defined as 50 minutes out of each 60-minute
297	segment. Past courses may be approved on an hour-for-hour basis.
298	(2)  To be certified as a residential appraiser, an
299	applicant must present satisfactory evidence to the board that
300	she or he has met the minimum education and experience
301	requirements prescribed by rule of the board. The board shall
302	prescribe by rule education and experience requirements that
303	meet or exceed the following real property appraiser
304	qualification criteria adopted on February 20, 2004, by the
305	Appraisal Qualifications Board of the Appraisal Foundation:
306	(b)  Has successfully completed at least 200 classroom
307	hours, inclusive of examination, of approved academic courses in
308	subjects related to real estate appraisal, which must shall
309	include a 15-hour course on the National Uniform Standards of
310	Professional Appraisal Practice or equivalent standards
311	established by board rule course from a nationally recognized or
312	state-recognized appraisal organization, career center,
313	accredited community college, college, or university, state or
314	federal agency or commission, or proprietary real estate school
315	that holds a permit pursuant to s. 475.451. A classroom hour is
316	defined as 50 minutes out of each 60-minute segment. Past
317	courses may be approved by the board and substituted on an hour-
318	for-hour basis.
319	(3)  To be certified as a general appraiser, an applicant
320	must present evidence satisfactory to the board that she or he
321	has met the minimum education and experience requirements
322	prescribed by rule of the board. The board shall prescribe
323	education and experience requirements that meet or exceed the
324	following real property appraiser qualification criteria adopted
325	on February 20, 2004, by the Appraisal Qualifications Board of
326	the Appraisal Foundation:
327	(b)  Has successfully completed at least 300 classroom
328	hours, inclusive of examination, of approved academic courses in
329	subjects related to real estate appraisal, which must shall
330	include a 15-hour course on the National Uniform Standards of
331	Professional Appraisal Practice or equivalent standards
332	established by board rule course from a nationally recognized or
333	state-recognized appraisal organization, career center,
334	accredited community college, college, or university, state or
335	federal agency or commission, or proprietary real estate school
336	that holds a permit pursuant to s. 475.451. A classroom hour is
337	defined as 50 minutes out of each 60-minute segment. Past
338	courses may be approved by the board and substituted on an hour-
339	for-hour basis.
340	Section 16.  Subsection (1) of section 475.6175, Florida
341	Statutes, is amended to read:
342	475.6175  Registered trainee appraiser; postlicensure
343	education required.-
344	(1)  The board shall prescribe postlicensure educational
345	requirements in order for a person to maintain a valid
346	registration as a registered trainee appraiser. If prescribed,
347	the postlicensure educational requirements consist of one or
348	more courses which total no more than the total educational
349	hours required to qualify as a state certified residential
350	appraiser. Such courses must be in subjects related to real
351	estate appraisal and must shall include coverage of the Uniform
352	Standards of Professional Appraisal Practice or equivalent
353	standards established by board rule. Such courses are provided
354	by a nationally or state-recognized appraisal organization,
355	career center, accredited community college, college, or
356	university, state or federal agency or commission, or
357	proprietary real estate school that holds a permit pursuant to
358	s. 475.451.
359	Section 17.  Paragraph (t) of subsection (1) of section
360	475.25, Florida Statutes, is amended to read:
361	475.25  Discipline.-
362	(1)  The commission may deny an application for licensure,
363	registration, or permit, or renewal thereof; may place a
364	licensee, registrant, or permittee on probation; may suspend a
365	license, registration, or permit for a period not exceeding 10
366	years; may revoke a license, registration, or permit; may impose
367	an administrative fine not to exceed $5,000 for each count or
368	separate offense; and may issue a reprimand, and any or all of
369	the foregoing, if it finds that the licensee, registrant,
370	permittee, or applicant:
371	(t)  Has violated any standard of professional practice
372	establish by rule of the Florida Real Estate Appraisal Board,
373	including any standard for the development or communication of a
374	real estate appraisal or other provision of the Uniform
375	Standards of Professional Appraisal Practice, as defined in s.
376	475.611, as approved and adopted by the Appraisal Standards
377	Board of the Appraisal Foundation, as defined in s. 475.611.
378	This paragraph does not apply to a real estate broker or sales
379	associate who, in the ordinary course of business, performs a
380	comparative market analysis, gives a broker price opinion, or
381	gives an opinion of value of real estate. However, in no event
382	may this comparative market analysis, broker price opinion, or
383	opinion of value of real estate be referred to as an appraisal,
384	as defined in s. 475.611.
385	Section 18.  Subsection (14) of section 475.624, Florida
386	Statutes, is amended to read:
387	475.624  Discipline.-The board may deny an application for
388	registration or certification; may investigate the actions of
389	any appraiser registered, licensed, or certified under this
390	part; may reprimand or impose an administrative fine not to
391	exceed $5,000 for each count or separate offense against any
392	such appraiser; and may revoke or suspend, for a period not to
393	exceed 10 years, the registration, license, or certification of
394	any such appraiser, or place any such appraiser on probation, if
395	it finds that the registered trainee, licensee, or
396	certificateholder:
397	(14)  Has violated any standard of professional practice
398	established by board rule, including any standard for the
399	development or communication of a real estate appraisal or other
400	provision of the Uniform Standards of Professional Appraisal
401	Practice.
402	Section 19.  Effective July 1, 2014, subsection (14) of
403	section 475.624, Florida Statutes, as amended by chapter 2010-
404	84, Laws of Florida, and this act, is amended to read:
405	475.624  Discipline of appraisers.-The board may deny an
406	application for registration or certification of an appraiser;
407	may investigate the actions of any appraiser registered,
408	licensed, or certified under this part; may reprimand or impose
409	an administrative fine not to exceed $5,000 for each count or
410	separate offense against any such appraiser; and may revoke or
411	suspend, for a period not to exceed 10 years, the registration,
412	license, or certification of any such appraiser, or place any
413	such appraiser on probation, if the board finds that the
414	registered trainee, licensee, or certificateholder:
415	(14)  Has violated any standard of professional practice
416	established by board rule, including any standard for the
417	development or communication of a real estate appraisal or other
418	provision of the Uniform Standards of Professional Appraisal
419	Practice.
420	Section 20.  Paragraph (n) of subsection (1) of section
421	475.6245, Florida Statutes is amended to read:
422	475.6245  Discipline of appraisal management companies.-
423	(1)  The board may deny an application for registration of
424	an appraisal management company; may investigate the actions of
425	any appraisal management company registered under this part; may
426	reprimand or impose an administrative fine not to exceed $5,000
427	for each count or separate offense against any such appraisal
428	management company; and may revoke or suspend, for a period not
429	to exceed 10 years, the registration of any such appraisal
430	management company, or place any such appraisal management
431	company on probation, if the board finds that the appraisal
432	management company or any person listed in s. 475.6235(2)(f):
433	(n)  Has instructed an appraiser to violate any standard of
434	professional practice established by board rule, including any
435	standard for the development or communication of a real estate
436	appraisal or other provision of the Uniform Standards of
437	Professional Appraisal Practice.
438	Section 21.  Section 475.628, Florida Statutes, is amended
439	to read:
440	475.628  Professional standards for appraisers registered,
441	licensed, or certified under this part.-The board shall adopt
442	rules establishing standards of professional practice that meet
443	or exceed nationally recognized standards of appraisal practice,
444	including those standards developed by the Appraisal Standards
445	Board of the Appraisal Foundation. Each appraiser registered,
446	licensed, or certified under this part must shall comply with
447	the rules Uniform Standards of Professional Appraisal Practice.
448	Statements on appraisal standards which may be issued for the
449	purpose of clarification, interpretation, explanation, or
450	elaboration through the Appraisal Foundation, upon adoption by
451	board rule, shall also be binding on any appraiser registered,
452	licensed, or certified under this part.
453	Section 22.  Paragraphs (f) through (o) of subsection (1)
454	of section 475.42, Florida Statutes, are redesignated as
455	paragraphs (e) through (n), respectively, and present paragraph
456	(e) of that subsection is amended to read:
457	475.42  Violations and penalties.-
458	(1)  VIOLATIONS.-
459	(e)  A person may not violate any lawful order or rule of
460	the commission which is binding upon her or him.
461	Section 23.  Paragraphs (d) through (g) of subsection (1)
462	of section 475.626, Florida Statutes, are redesignated as
463	paragraphs (b) through (e), respectively, and present paragraphs
464	(b) and (c) of that subsection are amended to read:
465	475.626  Violations and penalties.-
466	(1)  VIOLATIONS.-
467	(b)  No person shall violate any lawful order or rule of
468	the board which is binding upon her or him.
469	(c)  No person shall commit any conduct or practice set
470	forth in s. 475.624.
471	Section 24.  Effective July 1, 2014, paragraphs (d) through
472	(h) of subsection (1) of section 475.626, Florida Statutes, as
473	amended by chapter 2010-84, Laws of Florida, and this act, are
474	redesignated as paragraphs (b) through (f), respectively, and
475	paragraphs (b) and (c) of that subsection are amended to read:
476	475.626   Violations and penalties.-
477	(1)   A person may not:
478	(b)   Violate any lawful order or rule of the board which
479	is binding upon her or him.
480	(c)  If a registered trainee appraiser or a licensed or
481	certified appraiser, commit any conduct or practice set forth in
482	s. 475.624.
483	Section 25.  Paragraphs (d) through (h) of subsection (1)
484	of section 477.0265, Florida Statutes, are redesignated as
485	paragraphs (c) through (g), respectively, and present paragraph
486	(c) of that subsection is amended to read:
487	477.0265  Prohibited acts.-
488	(1)  It is unlawful for any person to:
489	(c)  Engage in willful or repeated violations of this
490	chapter or of any rule adopted by the board.
491	Section 26.  Subsection (10) of section 455.271, Florida
492	Statutes, is amended to read:
493	455.271  Inactive and delinquent status.-
494	(10)  The board, or the department when there is no board,
495	may not require Before reactivation, an inactive or delinquent
496	licensee, except for a licensee under chapter 473 or chapter
497	475, to complete more than one renewal cycle of shall meet the
498	same continuing education to reactivate a license requirements,
499	if any, imposed on an active status licensee for all biennial
500	licensure periods in which the licensee was inactive or
501	delinquent. This subsection does not apply to persons regulated
502	under chapter 473.
503	Section 27.  Subsection (2) of section 468.8317, Florida
504	Statutes, is amended to read:
505	468.8317  Inactive license.-
506	(2)  A license that becomes has become inactive may be
507	reactivated upon application to the department. The department
508	may prescribe by rule continuing education requirements as a
509	condition of reactivating a license. The rules may not require
510	more than one renewal cycle of continuing education to
511	reactivate requirements for reactivating a license may not
512	exceed 14 hours for each year the license was inactive.
513	Section 28.  Subsection (2) of section 468.8417, Florida
514	Statutes, is amended to read:
515	468.8417  Inactive license.-
516	(2)  A license that becomes has become inactive may be
517	reactivated upon application to the department. The department
518	may prescribe by rule continuing education requirements as a
519	condition of reactivating a license. The rules may not require
520	more than one renewal cycle of continuing education to
521	reactivate requirements for reactivating a license may not
522	exceed 14 hours for each year the license was inactive.
523	Section 29.  Subsection (2) of section 477.0212, Florida
524	Statutes, is amended to read:
525	477.0212  Inactive status.-
526	(2)  The board shall adopt promulgate rules relating to
527	licenses that which have become inactive and for the renewal of
528	inactive licenses. The rules may not require more than one
529	renewal cycle of continuing education to reactivate a license.
530	The board shall prescribe by rule a fee not to exceed $50 for
531	the reactivation of an inactive license and a fee not to exceed
532	$50 for the renewal of an inactive license.
533	Section 30.  Subsection (1) of section 481.217, Florida
534	Statutes, is amended to read:
535	481.217  Inactive status.-
536	(1)  The board may prescribe by rule continuing education
537	requirements as a condition of reactivating a license. The rules
538	may not require more than one renewal cycle of continuing
539	education to reactivate requirements for reactivating a license
540	for a registered architect or may not exceed 12 contact hours
541	for each year the license was inactive. The minimum continuing
542	education requirement for reactivating a license for a
543	registered interior designer shall be those of the most recent
544	biennium plus one-half of the requirements in s. 481.215 for
545	each year or part thereof during which the license was inactive.
546	The board may shall only approve continuing education for an
547	interior designer which that builds upon the basic knowledge of
548	interior design.
549	Section 31.  Subsection (1) of section 481.315, Florida
550	Statutes, is amended to read:
551	481.315  Inactive status.-
552	(1)  A license that has become inactive or delinquent may
553	be reactivated under this section upon application to the
554	department and payment of any applicable biennial renewal or
555	delinquency fee, or both, and a reactivation fee. The board may
556	not require a licensee to complete more than one renewal cycle
557	of continuing education requirements The board may prescribe by
558	rule continuing education requirements as a condition of
559	reactivating the license. The continuing education requirements
560	for reactivating a license may not exceed 12 classroom hours for
561	each year the license was inactive.
562	Section 32.  Subsections (3) and (6) of section 489.116,
563	Florida Statutes, are amended to read:
564	489.116  Inactive and delinquent status; renewal and
565	cancellation notices.-
566	(3)  An inactive status certificateholder or registrant may
567	change to active status at any time if, provided the
568	certificateholder or registrant meets all requirements for
569	active status, pays any additional licensure fees necessary to
570	equal those imposed on an active status certificateholder or
571	registrant, and pays any applicable late fees, and meets all
572	continuing education requirements prescribed by the board.
573	(6)  The board may not require an inactive
574	certificateholder or registrant to complete more than one
575	renewal cycle of shall comply with the same continuing education
576	for reactivating a certificate or registration requirements, if
577	any, that are imposed on an active status certificateholder or
578	registrant.
579	Section 33.  Subsection (1) of section 489.519, Florida
580	Statutes, is amended to read:
581	489.519  Inactive status.-
582	(1)  A certificate or registration that becomes has become
583	inactive may be reactivated under s. 489.517 upon application to
584	the department. The board may not require a licensee to complete
585	more than one renewal cycle of prescribe, by rule, continuing
586	education to reactivate requirements as a condition of
587	reactivating a certificate or registration. The continuing
588	education requirements for reactivating a certificate or
589	registration may not exceed 12 classroom hours for each year the
590	certificate or registration was inactive.
591	Section 34.  Subsection (3), paragraph (a) of subsection
592	(4), and paragraph (b) of subsection (7) of section 473.308,
593	Florida Statutes, are amended to read:
594	473.308  Licensure.-
595	(3)  An applicant for licensure must:
596	(a)  Complete have at least 150 semester hours of college
597	education, including a baccalaureate or higher degree conferred
598	by an accredited college or university, with a concentration in
599	accounting and business in the total educational program to the
600	extent specified by the board; or
601	(b)  Graduate from an accredited university in the state
602	with a master's degree in accounting or its equivalent.
603	(4)(a)  An applicant for licensure after December 31, 2008,
604	must show that he or she has had 1 year of relevant work
605	experience. This experience must shall include providing any
606	type of service or advice involving the use of accounting,
607	attest, compilation, management advisory, financial advisory,
608	tax, or consulting skills, all of which must be verified by a
609	certified public accountant who is licensed by a state or
610	territory of the United States and who has supervised the
611	applicant. This experience is acceptable if it was gained
612	through employment in government, industry, academia, or public
613	practice; constituted a substantial part of the applicant's
614	duties; and was under the supervision of a certified public
615	accountant licensed by a state or territory of the United
616	States. The board shall adopt rules specifying standards and
617	providing for the review and approval of the work experience
618	required by this section.
619	(7)  The board shall certify as qualified for a license by
620	endorsement an applicant who:
621	(b)1.a.  Holds a valid license to practice public
622	accounting issued by another state or territory of the United
623	States, if the criteria for issuance of such license were
624	substantially equivalent to the licensure criteria that existed
625	in this state at the time the license was issued; or
626	b.  Holds a valid license to practice public accounting
627	issued by another state or territory of the United States but
628	the criteria for issuance of such license did not meet the
629	requirements of sub-subparagraph a.; has met the requirements of
630	this section for education, work experience, and good moral
631	character; has at least 5 years of work experience that meets
632	the requirements of subsection (4) or at least 5 years of
633	experience in the practice of public accountancy or its
634	equivalent that meets the requirements of subsection (8); and
635	has passed a national, regional, state, or territorial licensing
636	examination that is substantially equivalent to the examination
637	required by s. 473.306; and
638	2.  Has completed continuing education courses that are
639	equivalent to the continuing education requirements for a
640	Florida certified public accountant licensed in this state
641	during the 2 years immediately preceding her or his application
642	for licensure by endorsement.
643	Section 35.  Subsection (6) of section 475.17, Florida
644	Statutes, is amended to read:
645	475.17  Qualifications for practice.-
646	(6)(a)  The education course requirements for initial
647	licensure as a sales associate, and the postlicensure education
648	requirements of this section, and the education course
649	requirements for one to become initially licensed, do not apply
650	to any applicant or licensed sales associate who has received a
651	bachelor's or higher degree in real estate from an accredited
652	institution of higher education.
653	(b)  The education course requirements for initial
654	licensure as a broker do not apply to any applicant or licensee
655	who has received a bachelor's or higher 4-year degree in real
656	estate from an accredited institution of higher education.
657	Section 36.  Subsection (4) of section 481.205, Florida
658	Statutes, is renumbered as subsection (5), and a new subsection
659	(4) is added to that section to read:
660	481.205  Board of Architecture and Interior Design.-
661	(4)  In addition to the authority granted in subsection
662	(3), the board may contract for all other services pursuant to
663	s. 455.32.
664	Section 37.  Subsection (2) of section 481.219, Florida
665	Statutes, is amended to read:
666	481.219  Certification of partnerships, limited liability
667	companies, and corporations.-
668	(2)  For the purposes of this section, a certificate of
669	authorization is shall be required for a corporation, limited
670	liability company, partnership, or person practicing under a
671	fictitious name, offering architectural services to the public
672	jointly or separately. However, when an individual is practicing
673	architecture in her or his own name, or in a fictitious name
674	under which the individual is doing business as a sole
675	proprietorship, she or he is shall not be required to be
676	certified under this section. Certification under this
677	subsection to offer architectural services shall include all the
678	rights and privileges of certification under subsection (3) to
679	offer interior design services.
680	Section 38.  Subsection (5) of section 481.329, Florida
681	Statutes, is amended to read:
682	481.329  Exceptions; exemptions from licensure.-
683	(5)  This Nothing in this part does not prohibit prohibits
684	any person from engaging in the practice of landscape design, as
685	defined in s. 481.303(7) or from submitting such plans to
686	governmental agencies for approval. Persons providing landscape
687	design services shall not use the title, term, or designation
688	"landscape architect," "landscape architectural," "landscape
689	architecture," "L.A.," "landscape engineering," or any
690	description tending to convey the impression that she or he is a
691	landscape architect unless she or he is registered as provided
692	in this part.
693	Section 39.  Subsection (3) of section 493.6107, Florida
694	Statutes, is amended to read:
695	493.6107  Fees.-
696	(3)  The fees set forth in this section must be paid by
697	certified check or money order or, at the discretion of the
698	department, by electronic funds transfer agency check at the
699	time the application is approved, except that the applicant for
700	a Class "G" or Class "M" license must pay the license fee at the
701	time the application is made. If a license is revoked or denied
702	or if the application is withdrawn, the license fee shall not be
703	refunded.
704	Section 40.  Subsection (3) of section 493.6202, Florida
705	Statutes, is amended to read:
706	493.6202  Fees.-
707	(3)  The fees set forth in this section must be paid by
708	certified check or money order or, at the discretion of the
709	department, by electronic funds transfer agency check at the
710	time the application is approved, except that the applicant for
711	a Class "G," Class "C," Class "CC," Class "M," or Class "MA"
712	license must pay the license fee at the time the application is
713	made. If a license is revoked or denied or if the application is
714	withdrawn, the license fee shall not be refunded.
715	Section 41.  Subsections (7) and (8) of section 493.6401,
716	Florida Statutes, are amended to read:
717	493.6401  Classes of licenses.-
718	(7)  Any person who operates a recovery agent repossessor
719	school or training facility or who conducts an Internet-based
720	training course or a correspondence training course must have a
721	Class "RS" license.
722	(8)  Any individual who teaches or instructs at a Class
723	"RS" recovery agent repossessor school or training facility
724	shall have a Class "RI" license.
725	Section 42.  Paragraphs (f) and (g) of subsection (1) and
726	subsection (3) of section 493.6402, Florida Statutes, are
727	amended to read:
728	493.6402  Fees.-
729	(1)  The department shall establish by rule biennial
730	license fees which shall not exceed the following:
731	(f)  Class "RS" license-recovery agent repossessor school
732	or training facility: $60.
733	(g)  Class "RI" license-recovery agent repossessor school
734	or training facility instructor: $60.
735	(3)  The fees set forth in this section must be paid by
736	certified check or money order, or, at the discretion of the
737	department, by electronic funds transfer agency check at the
738	time the application is approved, except that the applicant for
739	a Class "E," Class "EE," or Class "MR" license must pay the
740	license fee at the time the application is made. If a license is
741	revoked or denied, or if an application is withdrawn, the
742	license fee shall not be refunded.
743	Section 43.  Section 493.6406, Florida Statutes, is amended
744	to read:
745	493.6406  Recovery agent Repossession services school or
746	training facility.-
747	(1)  Any school, training facility, or instructor who
748	offers the training outlined in s. 493.6403(2) for Class "E" or
749	Class "EE" applicants shall, before licensure of such school,
750	training facility, or instructor, file with the department an
751	application accompanied by an application fee in an amount to be
752	determined by rule, not to exceed $60. The fee shall not be
753	refundable. This training may be offered as face-to-face
754	training, Internet-based training, or correspondence training.
755	(2)  The application must shall be signed and verified by
756	the applicant under oath as provided in s. 92.525 notarized and
757	shall contain, at a minimum, the following information:
758	(a)  The name and address of the school or training
759	facility and, if the applicant is an individual, his or her
760	name, address, and social security or alien registration number.
761	(b)  The street address of the place at which the training
762	is to be conducted or the street address of the Class "RS"
763	school offering Internet-based or correspondence training.
764	(c)  A copy of the training curriculum and final
765	examination to be administered.
766	(3)  The department shall adopt rules establishing the
767	criteria for approval of schools, training facilities, and
768	instructors.
769	Section 44.  Paragraphs (j) through (z) of subsection (1)
770	of section 500.03, Florida Statutes, are redesignated as
771	paragraphs (l) through (bb), respectively, present paragraphs
772	(n) and (p) are amended, and new paragraphs (j) and (k) are
773	added to that subsection, to read:
774	500.03  Definitions; construction; applicability.-
775	(1)  For the purpose of this chapter, the term:
776	(j)  "Cottage food operation" means a natural person who
777	produces or packages cottage food products at his or her
778	residence and sells such products in accordance with s. 500.80.
779	(k)  "Cottage food product" means food that is not a
780	potentially hazardous food as defined by department rule which
781	is sold by a cottage food operation in accordance with s.
782	500.80.
783	(p)(n)  "Food establishment" means any factory, food
784	outlet, or any other facility manufacturing, processing,
785	packing, holding, or preparing food or selling food at wholesale
786	or retail. The term does not include any business or activity
787	that is regulated under s. 500.80, chapter 509, or chapter 601.
788	The term includes tomato packinghouses and repackers but does
789	not include any other establishments that pack fruits and
790	vegetables in their raw or natural states, including those
791	fruits or vegetables that are washed, colored, or otherwise
792	treated in their unpeeled, natural form before they are
793	marketed.
794	(r)(p)  "Food service establishment" means any place where
795	food is prepared and intended for individual portion service,
796	and includes the site at which individual portions are provided.
797	The term includes any such place regardless of whether
798	consumption is on or off the premises and regardless of whether
799	there is a charge for the food. The term includes delicatessens
800	that offer prepared food in individual service portions. The
801	term does not include schools, institutions, fraternal
802	organizations, private homes where food is prepared or served
803	for individual family consumption, retail food stores, the
804	location of food vending machines, cottage food operations, and
805	supply vehicles, nor does the term include a research and
806	development test kitchen limited to the use of employees and
807	which is not open to the general public.
808	Section 45.  Subsection (1) of section 500.121, Florida
809	Statutes, is amended to read:
810	500.121  Disciplinary procedures.-
811	(1)  In addition to the suspension procedures provided in
812	s. 500.12, if applicable, the department may impose a fine not
813	to exceed exceeding $5,000 against any retail food store, or
814	food establishment, or cottage food operation that violates has
815	violated this chapter, which fine, when imposed and paid, shall
816	be deposited by the department into the General Inspection Trust
817	Fund. The department may revoke or suspend the permit of any
818	such retail food store or food establishment if it is satisfied
819	that the retail food store or food establishment has:
820	(a)  Violated any of the provisions of this chapter.
821	(b)  Violated or aided or abetted in the violation of any
822	law of this state governing or applicable to retail food stores
823	or food establishments or any lawful rules of the department.
824	(c)  Knowingly committed, or been a party to, any material
825	fraud, misrepresentation, conspiracy, collusion, trick, scheme,
826	or device whereby any other person, lawfully relying upon the
827	word, representation, or conduct of a retail food store or food
828	establishment, acts to her or his injury or damage.
829	(d)  Committed any act or conduct of the same or different
830	character than that enumerated which constitutes fraudulent or
831	dishonest dealing.
832	Section 46.  Section 500.80, Florida Statutes, is created
833	to read:
834	500.80  Cottage food operations.-
835	(1)(a)  A cottage food operation must comply with the
836	applicable requirements of this chapter but is exempt from the
837	permitting requirements of s. 500.12 if the cottage food
838	operation complies with this section and has annual gross sales
839	of cottage food products that do not exceed $15,000.
840	(b)  For purposes of this subsection, a cottage food
841	operation's annual gross sales include all sales of cottage food
842	products at any location, regardless of the types of products
843	sold or the number of persons involved in the operation. A
844	cottage food operation must provide the department, upon
845	request, with written documentation to verify the operation's
846	annual gross sales.
847	(2)  A cottage food operation may not sell or offer for
848	sale cottage food products over the Internet, by mail order, or
849	at wholesale. Cottage food products that are resold must meet
850	the requirements of subsection (3).
851	(3)  Cottage food products may only be sold if they are
852	prepackaged with a label affixed that contains the following
853	information:
854	(a)  The name and address of the cottage food operation.
855	(b)  The name of the cottage food product.
856	(c)  The ingredients of the cottage food product, in
857	descending order of predominance by weight.
858	(d)  The net weight or net volume of the cottage food
859	product.
860	(e)  Allergen information as specified by federal labeling
861	requirements.
862	(f)  If any nutritional claim is made, appropriate
863	nutritional information as specified by federal labeling
864	requirements.
865	(g)  The following statement printed in at least 10-point
866	type in a color that provides a clear contrast to the background
867	of the label: "Made in a home kitchen that is not subject to
868	routine inspection by the Department of Agriculture and Consumer
869	Services."
870	(4)  A cottage food operation may only sell cottage food
871	products that it stores on the premises of the cottage food
872	operation.
873	(5)  This section does not exempt a cottage food operation
874	from any state or federal tax law, rule, regulation, or
875	certificate that applies to all cottage food operations.
876	(6)  A cottage food operation must comply with all
877	applicable county and municipal laws and ordinances regulating
878	the preparation, processing, storage, and sale of cottage food
879	products by a cottage food operation or from a person's
880	residence.
881	(7)(a)  The department may investigate any complaint which
882	alleges that a cottage food operation has violated an applicable
883	provision of this chapter or rule adopted under this chapter.
884	(b)  Only upon receipt of a complaint, the department's
885	authorized officer or employee may enter and inspect the
886	premises of a cottage food operation to determine compliance
887	with this chapter and department rules, as applicable. A cottage
888	food operation's refusal to permit the department's authorized
889	officer or employee entry to the premises or to conduct the
890	inspection is grounds for disciplinary action pursuant to s.
891	500.121.
892	(8)  This section does not apply to a person operating
893	under a food permit issued pursuant to s. 500.12.
894	Section 47.  Paragraph (b) of subsection (1) and subsection
895	(8) of section 501.160, Florida Statutes, are amended to read:
896	501.160  Rental or sale of essential commodities during a
897	declared state of emergency; prohibition against unconscionable
898	prices.-
899	(1)  As used in this section:
900	(b)  It is prima facie evidence that a price is
901	unconscionable if:
902	1.  The amount charged represents a gross disparity between
903	the price of the commodity or rental or lease of any dwelling
904	unit or self-storage facility that is the subject of the offer
905	or transaction and the average price at which that commodity or
906	dwelling unit or self-storage facility was rented, leased, sold,
907	or offered for rent or sale in the usual course of business
908	during the 30 days immediately before prior to a declaration of
909	a state of emergency, unless and the increase in the amount
910	charged is not attributable to additional costs incurred in
911	connection with the rental or sale of the commodity or rental or
912	lease of any dwelling unit or self-storage facility, or
913	regional, national, or international market trends; or
914	2.  The amount charged grossly exceeds the average price at
915	which the same or similar commodity was readily obtainable in
916	the trade area during the 30 days immediately before prior to a
917	declaration of a state of emergency, unless and the increase in
918	the amount charged is not attributable to additional costs
919	incurred in connection with the rental or sale of the commodity
920	or rental or lease of any dwelling unit or self-storage
921	facility, or regional, national, or international market trends.
922	(8)  Any violation of this section may be enforced by the
923	Department of Agriculture and Consumer Services, the office of
924	the state attorney, or the Department of Legal Affairs.
925	Section 48.  Subsection (7) of section 509.032, Florida
926	Statutes, is amended to read:
927	509.032  Duties.-
928	(7)  PREEMPTION AUTHORITY.-The regulation of public lodging
929	establishments and public food service establishments,
930	including, but not limited to, the inspection of public lodging
931	establishments and public food service establishments for
932	compliance with the sanitation standards, inspections adopted
933	under this section, and the regulation of food safety protection
934	standards for required training and testing of food service
935	establishment personnel, and matters related to the nutritional
936	content and marketing of foods offered in such establishments,
937	are preempted to the state. This subsection does not preempt the
938	authority of a local government or local enforcement district to
939	conduct inspections of public lodging and public food service
940	establishments for compliance with the Florida Building Code and
941	the Florida Fire Prevention Code, pursuant to ss. 553.80 and
942	633.022.
943	Section 49.  Subsection (1) of section 509.261, Florida
944	Statutes, is amended to read:
945	509.261  Revocation or suspension of licenses; fines;
946	procedure.-
947	(1)  Any public lodging establishment or public food
948	service establishment that has operated or is operating in
949	violation of this chapter or the rules of the division,
950	operating without a license, or operating with a suspended or
951	revoked license may be subject by the division to:
952	(a)  Fines not to exceed $1,000 per offense;
953	(b)  Mandatory completion attendance, at personal expense,
954	of a remedial at an educational program administered sponsored
955	by a food safety training program provider whose program is
956	approved by the division as provided in s. 509.049 the
957	Hospitality Education Program; and
958	(c)  The suspension, revocation, or refusal of a license
959	issued pursuant to this chapter.
960	Section 50.  Subsection (2) of section 633.537, Florida
961	Statutes, is amended to read:
962	633.537  Certificate; expiration; renewal; inactive
963	certificate; continuing education.-
964	(2)  A person who holds a valid certificate may maintain
965	such certificate in an inactive status during which time she or
966	he may not engage in contracting. An inactive status certificate
967	shall be void after four a 2-year periods period. The biennial
968	renewal fee for an inactive status certificate shall be $75. An
969	inactive status certificate may be reactivated upon application
970	to the State Fire Marshal and payment of the initial application
971	fee.
972	Section 51.  Subsections (8) through (23) of section
973	681.102, Florida Statutes, are renumbered as subsections (7)
974	through (22), respectively, and present subsection (7) of that
975	section is amended to read:
976	681.102  Definitions.-As used in this chapter, the term:
977	(7)  "Division" means the Division of Consumer Services of
978	the Department of Agriculture and Consumer Services.
979	Section 52.  Subsection (3) of section 681.103, Florida
980	Statutes, is amended to read:
981	681.103  Duty of manufacturer to conform a motor vehicle to
982	the warranty.-
983	(3)  At the time of acquisition, the manufacturer shall
984	inform the consumer clearly and conspicuously in writing how and
985	where to file a claim with a certified procedure if such
986	procedure has been established by the manufacturer pursuant to
987	s. 681.108. The nameplate manufacturer of a recreational vehicle
988	shall, at the time of vehicle acquisition, inform the consumer
989	clearly and conspicuously in writing how and where to file a
990	claim with a program pursuant to s. 681.1096. The manufacturer
991	shall provide to the dealer and, at the time of acquisition, the
992	dealer shall provide to the consumer a written statement that
993	explains the consumer's rights under this chapter. The written
994	statement shall be prepared by the Department of Legal Affairs
995	and shall contain a toll-free number for the department which
996	division that the consumer can contact to obtain information
997	regarding the consumer's rights and obligations under this
998	chapter or to commence arbitration. If the manufacturer obtains
999	a signed receipt for timely delivery of sufficient quantities of
1000	this written statement to meet the dealer's vehicle sales
1001	requirements, it shall constitute prima facie evidence of
1002	compliance with this subsection by the manufacturer. The
1003	consumer's signed acknowledgment of receipt of materials
1004	required under this subsection shall constitute prima facie
1005	evidence of compliance by the manufacturer and dealer. The form
1006	of the acknowledgments shall be approved by the Department of
1007	Legal Affairs, and the dealer shall maintain the consumer's
1008	signed acknowledgment for 3 years.
1009	Section 53.  Section 681.108, Florida Statutes, is amended
1010	to read:
1011	681.108  Dispute-settlement procedures.-
1012	(1)  If a manufacturer has established a procedure that,
1013	which the department division has certified as substantially
1014	complying with the provisions of 16 C.F.R. part 703, in effect
1015	October 1, 1983, and with the provisions of this chapter and the
1016	rules adopted under this chapter, and has informed the consumer
1017	how and where to file a claim with such procedure pursuant to s.
1018	681.103(3), the provisions of s. 681.104(2) apply to the
1019	consumer only if the consumer has first resorted to such
1020	procedure. The decisionmakers for a certified procedure shall,
1021	in rendering decisions, take into account all legal and
1022	equitable factors germane to a fair and just decision,
1023	including, but not limited to, the warranty; the rights and
1024	remedies conferred under 16 C.F.R. part 703, in effect October
1025	1, 1983; the provisions of this chapter; and any other equitable
1026	considerations appropriate under the circumstances.
1027	Decisionmakers and staff of a procedure shall be trained in the
1028	provisions of this chapter and in 16 C.F.R. part 703, in effect
1029	October 1, 1983. In an action brought by a consumer concerning
1030	an alleged nonconformity, the decision that results from a
1031	certified procedure is admissible in evidence.
1032	(2)  A manufacturer may apply to the department division
1033	for certification of its procedure. After receipt and evaluation
1034	of the application, the department division shall certify the
1035	procedure or notify the manufacturer of any deficiencies in the
1036	application or the procedure.
1037	(3)  A certified procedure or a procedure of an applicant
1038	seeking certification shall submit to the department division a
1039	copy of each settlement approved by the procedure or decision
1040	made by a decisionmaker within 30 days after the settlement is
1041	reached or the decision is rendered. The decision or settlement
1042	must contain at a minimum the:
1043	(a)  Name and address of the consumer;
1044	(b)  Name of the manufacturer and address of the dealership
1045	from which the motor vehicle was purchased;
1046	(c)  Date the claim was received and the location of the
1047	procedure office that handled the claim;
1048	(d)  Relief requested by the consumer;
1049	(e)  Name of each decisionmaker rendering the decision or
1050	person approving the settlement;
1051	(f)  Statement of the terms of the settlement or decision;
1052	(g)  Date of the settlement or decision; and
1053	(h)  Statement of whether the decision was accepted or
1054	rejected by the consumer.
1055	(4)  Any manufacturer establishing or applying to establish
1056	a certified procedure must file with the department division a
1057	copy of the annual audit required under the provisions of 16
1058	C.F.R. part 703, in effect October 1, 1983, together with any
1059	additional information required for purposes of certification,
1060	including the number of refunds and replacements made in this
1061	state pursuant to the provisions of this chapter by the
1062	manufacturer during the period audited.
1063	(5)  The department division shall review each certified
1064	procedure at least annually, prepare an annual report evaluating
1065	the operation of certified procedures established by motor
1066	vehicle manufacturers and procedures of applicants seeking
1067	certification, and, for a period not to exceed 1 year, shall
1068	grant certification to, or renew certification for, those
1069	manufacturers whose procedures substantially comply with the
1070	provisions of 16 C.F.R. part 703, in effect October 1, 1983, and
1071	with the provisions of this chapter and rules adopted under this
1072	chapter. If certification is revoked or denied, the department
1073	division shall state the reasons for such action. The reports
1074	and records of actions taken with respect to certification shall
1075	be public records.
1076	(6)  A manufacturer whose certification is denied or
1077	revoked is entitled to a hearing pursuant to chapter 120.
1078	(7)  If federal preemption of state authority to regulate
1079	procedures occurs, the provisions of subsection (1) concerning
1080	prior resort do not apply.
1081	(8)  The department may division shall adopt rules to
1082	administer implement this section.
1083	Section 54.  Section 681.109, Florida Statutes, is amended
1084	to read:
1085	681.109  Florida New Motor Vehicle Arbitration Board;
1086	dispute eligibility.-
1087	(1)  If a manufacturer has a certified procedure, a
1088	consumer claim arising during the Lemon Law rights period must
1089	be filed with the certified procedure no later than 60 days
1090	after the expiration of the Lemon Law rights period. If a
1091	decision is not rendered by the certified procedure within 40
1092	days of filing, the consumer may apply to the department
1093	division to have the dispute removed to the board for
1094	arbitration.
1095	(2)  If a manufacturer has a certified procedure, a
1096	consumer claim arising during the Lemon Law rights period must
1097	be filed with the certified procedure no later than 60 days
1098	after the expiration of the Lemon Law rights period. If a
1099	consumer is not satisfied with the decision or the
1100	manufacturer's compliance therewith, the consumer may apply to
1101	the department division to have the dispute submitted to the
1102	board for arbitration. A manufacturer may not seek review of a
1103	decision made under its procedure.
1104	(3)  If a manufacturer does not have a has no certified
1105	procedure or if the a certified procedure does not have
1106	jurisdiction to resolve the dispute, a consumer may apply
1107	directly to the department division to have the dispute
1108	submitted to the board for arbitration.
1109	(4)   A consumer must request arbitration before the board
1110	with respect to a claim arising during the Lemon Law rights
1111	period no later than 60 days after the expiration of the Lemon
1112	Law rights period, or within 30 days after the final action of a
1113	certified procedure, whichever date occurs later.
1114	(5)  The department division shall screen all requests for
1115	arbitration before the board to determine eligibility. The
1116	consumer's request for arbitration before the board shall be
1117	made on a form prescribed by the department. The department
1118	division shall forward to the board all disputes that the
1119	department division determines are potentially entitled to
1120	relief under this chapter.
1121	(6)  The department division may reject a dispute that it
1122	determines to be fraudulent or outside the scope of the board's
1123	authority. Any dispute deemed by the department division to be
1124	ineligible for arbitration by the board due to insufficient
1125	evidence may be reconsidered upon the submission of new
1126	information regarding the dispute. Following a second review,
1127	the department division may reject a dispute if the evidence is
1128	clearly insufficient to qualify for relief. If the department
1129	rejects a dispute, the department must provide notice of the
1130	rejection and a brief explanation of the reason for rejection
1131	Any dispute rejected by the division shall be forwarded to the
1132	department and a copy shall be sent by registered mail to the
1133	consumer and the manufacturer, containing a brief explanation as
1134	to the reason for rejection.
1135	(7)  If the department division rejects a dispute, the
1136	consumer may file a lawsuit to enforce the remedies provided
1137	under this chapter. In any civil action arising under this
1138	chapter and relating to a matter considered by the department
1139	division, any determination made to reject a dispute is
1140	admissible in evidence.
1141	(8)   The department may shall have the authority to adopt
1142	reasonable rules to administer carry out the provisions of this
1143	section.
1144	Section 55.  Subsections (2), (3), (4), (5), (9), (11), and
1145	(12) of section 681.1095, Florida Statutes, are amended, and
1146	subsection (17) is added to that section, to read:
1147	681.1095  Florida New Motor Vehicle Arbitration Board;
1148	creation and function.-
1149	(2)  The board boards shall hear cases in various locations
1150	throughout the state so any consumer whose dispute is approved
1151	for arbitration by the department division may attend an
1152	arbitration hearing at a reasonably convenient location and
1153	present a dispute orally. Hearings shall be conducted by panels
1154	of three board members assigned by the department. A majority
1155	vote of the three-member board panel shall be required to render
1156	a decision. Arbitration proceedings under this section shall be
1157	open to the public on reasonable and nondiscriminatory terms.
1158	(3)  Each region of the board shall consist of up to eight
1159	members. The members of the board shall construe and apply the
1160	provisions of this chapter, and rules adopted under this chapter
1161	thereunder, in making their decisions. An administrator and a
1162	secretary shall be assigned to each region of the board by the
1163	Department of Legal Affairs. At least one member of the each
1164	board in each region must have be a person with expertise in
1165	motor vehicle mechanics. A member may must not be employed by a
1166	manufacturer or a franchised motor vehicle dealer or be a staff
1167	member, a decisionmaker, or a consultant for a procedure. Board
1168	members shall be trained in the application of this chapter and
1169	any rules adopted under this chapter. Members of the board,
1170	shall be reimbursed for travel expenses pursuant to s. 112.061,
1171	and shall be compensated at a rate or wage prescribed by the
1172	Attorney General and are entitled to reimbursement for per diem
1173	and travel expenses pursuant to s. 112.061.
1174	(4)  Before filing a civil action on a matter subject to s.
1175	681.104, the consumer must first submit the dispute to the
1176	department division, and to the board if such dispute is deemed
1177	eligible for arbitration.
1178	(5)  Manufacturers shall submit to arbitration conducted by
1179	the board if such arbitration is requested by a consumer and the
1180	dispute is deemed eligible for arbitration by the department
1181	division pursuant to s. 681.109.
1182	(9)  The decision of the board shall be sent by any method
1183	providing a delivery confirmation registered mail to the
1184	consumer and the manufacturer, and shall contain written
1185	findings of fact and rationale for the decision. If the decision
1186	is in favor of the consumer, the manufacturer must, within 40
1187	days after receipt of the decision, comply with the terms of the
1188	decision. Compliance occurs on the date the consumer receives
1189	delivery of an acceptable replacement motor vehicle or the
1190	refund specified in the arbitration award. In any civil action
1191	arising under this chapter and relating to a dispute arbitrated
1192	before the board, any decision by the board is admissible in
1193	evidence.
1194	(11)  The All provisions of in this section and s. 681.109
1195	pertaining to compulsory arbitration before the board, the
1196	dispute eligibility screening by the department division, the
1197	proceedings and decisions of the board, and any appeals thereof,
1198	are exempt from the provisions of chapter 120.
1199	(12)  An appeal of a decision by the board to the circuit
1200	court by a consumer or a manufacturer shall be by trial de novo.
1201	In a written petition to appeal a decision by the board, the
1202	appealing party must state the action requested and the grounds
1203	relied upon for appeal. Within 15 30 days after of final
1204	disposition of the appeal, the appealing party shall furnish the
1205	department with notice of such disposition and, upon request,
1206	shall furnish the department with a copy of the settlement or
1207	the order or judgment of the court.
1208	(17)  The department may adopt rules to administer this
1209	section.
1210	Section 56.  Subsections (2) and (4) of section 681.1096,
1211	Florida Statutes, are amended to read:
1212	681.1096  RV Mediation and Arbitration Program; creation
1213	and qualifications.-
1214	(2)  Each manufacturer of a recreational vehicle involved
1215	in a dispute that is determined eligible under this chapter,
1216	including chassis and component manufacturers which separately
1217	warrant the chassis and components and which otherwise meet the
1218	definition of manufacturer set forth in s. 681.102(14), shall
1219	participate in a mediation and arbitration program that is
1220	deemed qualified by the department.
1221	(4)  The department shall monitor the program for
1222	compliance with this chapter. If the program is determined not
1223	qualified or if qualification is revoked, then disputes shall be
1224	subject to the provisions of ss. 681.109 and 681.1095. If the
1225	program is determined not qualified or if qualification is
1226	revoked as to a manufacturer, all those manufacturers
1227	potentially involved in the eligible consumer dispute shall be
1228	required to submit to arbitration conducted by the board if such
1229	arbitration is requested by a consumer and the dispute is deemed
1230	eligible for arbitration by the department division pursuant to
1231	s. 681.109. A consumer having a dispute involving one or more
1232	manufacturers for which the program has been determined not
1233	qualified, or for which qualification has been revoked, is not
1234	required to submit the dispute to the program irrespective of
1235	whether the program may be qualified as to some of the
1236	manufacturers potentially involved in the dispute.
1237	Section 57.  Subsection (2) of section 681.112, Florida
1238	Statutes, is amended to read:
1239	681.112  Consumer remedies.-
1240	(2)  An action brought under this chapter must be commenced
1241	within 1 year after the expiration of the Lemon Law rights
1242	period, or, if a consumer resorts to an informal dispute-
1243	settlement procedure or submits a dispute to the department
1244	division or board, within 1 year after the final action of the
1245	procedure, department division, or board.
1246	Section 58.  Subsection (1) of section 681.117, Florida
1247	Statutes, is amended to read:
1248	681.117  Fee.-
1249	(1)  A $2 fee shall be collected by a motor vehicle dealer,
1250	or by a person engaged in the business of leasing motor
1251	vehicles, from the consumer at the consummation of the sale of a
1252	motor vehicle or at the time of entry into a lease agreement for
1253	a motor vehicle. Such fees shall be remitted to the county tax
1254	collector or private tag agency acting as agent for the
1255	Department of Revenue. If the purchaser or lessee removes the
1256	motor vehicle from the state for titling and registration
1257	outside this state, the fee shall be remitted to the Department
1258	of Revenue. All fees, less the cost of administration, shall be
1259	transferred monthly to the Department of Legal Affairs for
1260	deposit into the Motor Vehicle Warranty Trust Fund. The
1261	Department of Legal Affairs shall distribute monthly an amount
1262	not exceeding one-fourth of the fees received to the Division of
1263	Consumer Services of the Department of Agriculture and Consumer
1264	Services to carry out the provisions of ss. 681.108 and 681.109.
1265	The Department of Legal Affairs shall contract with the Division
1266	of Consumer Services for payment of services performed by the
1267	division pursuant to ss. 681.108 and 681.109.
1268	Section 59.  (1)  Effective upon this act becoming a law,
1269	section 10 of chapter 2010-84, Laws of Florida, is amended to
1270	read:
1271	Section 10.  This act shall take effect July 1, 2014 2011.
1272	(2)  If this act becomes a law after June 30, 2011, this
1273	section shall operate retroactively to June 30, 2011.
1274	Section 60.  The Department of Financial Services shall
1275	conduct a review of the regulatory structure for the state's
1276	title insurance industry, whereby title insurance agents and
1277	agencies are regulated by the Department of Financial Services
1278	and title insurance companies are regulated by the Office of
1279	Insurance Regulation of the Financial Services Commission. By
1280	December 31, 2011, the Department of Financial Services shall
1281	submit a report of its findings and recommendations to the
1282	Speaker of the House of Representatives and the President of the
1283	Senate. The report shall determine whether effective and
1284	efficient oversight may be provided under the existing
1285	regulatory structure or whether consolidation of all aspects of
1286	title insurance regulation under the Department of Financial
1287	Services would provide a more effective and viable method of
1288	regulation. The Office of Insurance Regulation shall cooperate
1289	with the Department of Financial Services in the department's
1290	conduct of this review.
1291	Section 61.  The Legislature recognizes that there is a
1292	need to conform the Florida Statutes to the policy decisions
1293	reflected in this act. The Division of Statutory Revision of the
1294	Office of Legislative Services is requested to provide the
1295	relevant substantive committees and subcommittees of the Senate
1296	and the House of Representatives with assistance, upon request,
1297	to enable such committees or subcommittees to prepare draft
1298	legislation to conform the Florida Statutes to the provisions of
1299	this act.
1300	Section 62.  Except as otherwise expressly provided in this
1301	act and except for this section, which shall take effect upon
1302	this act becoming a law, this act shall take effect July 1,
1303	2011.
1304
1305	-----------------------------------------------------
1306	T I T L E  A M E N D M E N T
1307	Remove the entire title and insert:
1308	A bill to be entitled
1309	An act relating to reducing and streamlining regulations;
1310	amending s. 320.90, F.S.; transferring the responsibility
1311	for distribution of a motor vehicle consumer's rights
1312	pamphlet to a motor vehicle owner from the Department of
1313	Agriculture and Consumer Services to the Department of
1314	Legal Affairs; amending s. 322.142, F.S.; providing for
1315	the release of certain driver license information by the
1316	Department of Highway Safety and Motor Vehicles to the
1317	Department of Business and Professional Regulation under
1318	certain circumstances; amending s. 455.213, F.S.;
1319	authorizing the Department of Business and Professional
1320	Regulation to grant waivers of license renewal fees under
1321	certain circumstances; amending s. 468.8324, F.S.;
1322	providing alternative criteria for obtaining a home
1323	inspector's license; removing certain application
1324	requirements for a person who performs home inspection
1325	services and who qualifies for licensure on or before a
1326	specified date; amending ss. 468.8413 and 468.8414, F.S.;
1327	revising licensing requirements for mold assessors and
1328	remediators; deleting certain training requirements;
1329	amending s. 468.8419, F.S.; revising prohibitions and
1330	penalties for mold assessors and remediators, to conform;
1331	conforming a cross-reference; amending s. 468.8423, F.S.;
1332	revising alternative criteria for obtaining a mold
1333	assessor's or mold remediator's license; deleting certain
1334	education requirements; amending s. 469.006, F.S.;
1335	authorizing an asbestos consultant or contractor doing
1336	business as a sole proprietorship to be licensed under his
1337	or her fictitious name; amending s. 475.611, F.S.;
1338	deleting the definition of the term "Uniform Standards of
1339	Professional Appraisal Practice"; amending s. 373.461,
1340	F.S.; revising requirements for the standards of
1341	professional practice followed by appraisers providing
1342	appraisals to the St. Johns River Water Management
1343	District for certain agricultural lands discharging to
1344	Lake Apopka for purposes of a limit on the purchase price
1345	of such lands, to conform; amending ss. 475.615 and
1346	475.6235, F.S.; revising the application requirements for
1347	registered or certified appraisers, and registered
1348	appraisal management companies, to conform; amending ss.
1349	475.617 and 475.6175, F.S.; revising the education
1350	requirements for registered trainee appraisers, to
1351	conform; amending ss. 475.25, 475.624, and 475.6245, F.S.;
1352	revising the grounds for discipline of licensed real
1353	estate brokers and sales associates, registered brokerage
1354	firms, real estate school permittees, registered or
1355	certified appraisers, registered appraisal management
1356	companies, and applicants for licensure, registration,
1357	certification, or permit, to which penalties apply;
1358	prohibiting violations of the standards of professional
1359	practice established by the Florida Real Estate Appraisal
1360	Board; prohibiting an appraisal management company from
1361	instructing an appraiser to violate the standards of
1362	professional practice; conforming provisions; amending s.
1363	475.628, F.S.; authorizing the board to adopt rules
1364	establishing standards of professional practice; requiring
1365	registered, licensed, and certified appraisers to comply
1366	with the rules; amending ss. 475.42, 475.626, and
1367	477.0265, F.S.; deleting criminal penalties for persons
1368	who violate orders or rules of the Florida Real Estate
1369	Commission, persons who violate orders or rules of the
1370	Florida Real Estate Appraisal Board or related grounds for
1371	disciplinary action, and persons who commit certain
1372	violations of the Florida Cosmetology Act or rules of the
1373	Board of Cosmetology; amending ss. 455.271, 468.8317,
1374	468.8417, 477.0212, 481.217, 481.315, 489.116, and
1375	489.519, F.S.; revising the continuing education
1376	requirements for reactivating a license, certificate, or
1377	registration to practice certain regulated professions and
1378	occupations; amending s. 473.308, F.S.; revising licensure
1379	requirements for certified public accountants and firms;
1380	revising licensure requirements for certain persons
1381	licensed to practice public accounting in another state or
1382	territory; amending s. 475.17, F.S.; revising the
1383	education requirements for licensed real estate brokers
1384	and sales associates; amending s. 481.205, F.S.;
1385	authorizing the Board of Architecture and Interior Design
1386	to contract for services under the Management
1387	Privatization Act; amending s. 481.219, F.S.; providing
1388	that a certificate of authorization is not required for an
1389	architect doing business as a sole proprietorship under
1390	his or her fictitious name; amending s. 481.329, F.S.;
1391	providing for applicability of provisions regulating the
1392	practice of landscape architecture; amending ss. 493.6107
1393	and 493.6202, F.S.; revising requirements for the method
1394	of payment of certain fees; amending s. 493.6401, F.S.;
1395	revising terminology for repossessor schools and training
1396	facilities; amending s. 493.6402, F.S.; conforming
1397	terminology; revising requirements for the method of
1398	payment of certain fees; amending s. 493.6406, F.S.;
1399	revising the license application requirements for recovery
1400	agent schools, training facilities, and instructors;
1401	conforming terminology; amending s. 500.03, F.S.;
1402	providing and revising definitions for purposes of the
1403	Florida Food Safety Act; amending s. 500.121, F.S.;
1404	providing penalties for food safety violations committed
1405	by cottage food operations; creating s. 500.80, F.S.;
1406	exempting cottage food operations from food permitting
1407	requirements; limiting the annual gross sales of cottage
1408	food operations and the methods by which cottage food
1409	products may be sold or offered for sale; requiring
1410	certain packaging and labeling of cottage food products;
1411	requiring cottage food products that are resold to meet
1412	the packaging and labeling requirements; providing for
1413	application; authorizing the Department of Agriculture and
1414	Consumer Services to investigate complaints and enter into
1415	the premises of a cottage food operation; amending s.
1416	501.160, F.S.; revising the conditions to establish prima
1417	facie evidence that prices charged during a declared state
1418	of emergency are unconscionable; deleting authority for
1419	the department to enforce certain prohibitions against
1420	unconscionable practices during a declared state of
1421	emergency; amending s. 509.032, F.S.; revising which
1422	matters relating to the regulation of public lodging
1423	establishments and public food service establishments are
1424	preempted to the state; amending s. 509.261, F.S.;
1425	authorizing the Division of Hotels and Restaurants of the
1426	Department of Business and Professional Regulation to
1427	require certain public lodging establishments and public
1428	food service establishments to complete certain remedial
1429	educational programs; amending s. 633.537, F.S.; revising
1430	the validity period for inactive status certificates of
1431	fire protection system contractors; amending ss. 681.102,
1432	681.103, 681.108, and 681.109, F.S.; deleting a
1433	definition; transferring certain responsibilities of the
1434	Division of Consumer Services for the Motor Vehicle
1435	Warranty Enforcement Act to the Department of Legal
1436	Affairs; conforming provisions; amending s. 681.1095,
1437	F.S.; authorizing that notices of rejected Lemon Law
1438	disputes and decisions of the Florida New Motor Vehicle
1439	Arbitration Board be provided by methods other than
1440	registered mail; authorizing the Department of Legal
1441	Affairs to adopt rules; conforming provisions; amending
1442	ss. 681.1096 and 681.112, F.S.; conforming a cross-
1443	reference; conforming provisions; amending s. 681.117,
1444	F.S.; deleting provisions providing for the transfer of
1445	certain fees and interagency contracting between the
1446	Department of Legal Affairs and the Division of Consumer
1447	Services, to conform; amending s. 10, ch. 2010-84, Laws of
1448	Florida; revising the effective date of provisions
1449	relating to the regulation of real estate appraisers and
1450	appraisal management companies; providing for retroactive
1451	operation under certain circumstances; directing the
1452	Department of Financial Services to submit a report to the
1453	Legislature on the regulatory structure for the title
1454	insurance industry; providing a directive to the Division
1455	of Statutory Revision; providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.