Florida Senate - 2012 SB 1120
By Senator Jones
13-00697B-12 20121120__
1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 210.01, F.S.;
4 redefining the term “agent” as it relates to the
5 cigarette tax, to conform to changes made by the act;
6 amending s. 210.05, F.S.; deleting a provision that
7 allows the cigarette tax to be paid by affixing a
8 stamp insignia through a metering machine; amending s.
9 210.07, F.S.; deleting provisions authorizing the use
10 of metering machines; requiring retail dealers of
11 cigarettes, rather than wholesale dealers, to affix to
12 each such machine, in a conspicuous place, an
13 identification sticker furnished by the Division of
14 Alcoholic Beverages and Tobacco within the Department
15 of Business and Professional Regulation; amending ss.
16 210.11 and 210.12, F.S.; conforming provisions to
17 changes made by the act; amending s. 210.15, F.S.;
18 deleting a provision that prohibited the division from
19 approving the use of meter machines to evidence the
20 payment of the taxes on cigarettes except to qualified
21 wholesale dealers; amending s. 210.18, F.S.;
22 conforming provisions regarding penalties relating to
23 the use of metering machines; amending s. 455.271,
24 F.S.; deleting a provision that provides that a
25 licensee of the department who changes from inactive
26 to active status is not eligible to return to inactive
27 status until the licensee thereafter completes a
28 licensure cycle on active status; amending s. 475.02,
29 F.S.; conforming a provision to changes made by the
30 act; amending s. 475.180, F.S.; deleting a provision
31 that requires an applicant for a real estate license
32 who is not a resident of this state to file an
33 irrevocable consent regarding lawsuits and actions
34 commenced against the applicant; deleting provisions
35 prescribing the method of service of process; amending
36 s. 475.451, F.S.; deleting the requirement that an
37 applicant to be chief administrator of a proprietary
38 real estate school or state institution meet certain
39 qualifications for licensure as a broker associate or
40 sales associate and other minimal requirements;
41 deleting the definition of the term “chief
42 administrative person” as it relates to schools
43 teaching real estate practice; repealing s.
44 475.6235(7), F.S., relating to a nonresidential
45 applicant’s requirement to file an irrevocable consent
46 regarding lawsuits and actions against an appraisal
47 management company; amending s. 475.631, F.S.;
48 deleting the provision that requires an applicant for
49 licensure as an appraiser who is not a resident of
50 this state to file an irrevocable consent regarding
51 lawsuits and actions commenced against the applicant;
52 deleting the method of service of process; repealing
53 s. 476.124, F.S., relating to certain application
54 requirements for licensing examinations in barbering;
55 amending s. 561.23, F.S.; deleting the requirement
56 that licenses issued under the Beverage Law be issued
57 in duplicate; providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Subsection (9) of section 210.01, Florida
62 Statutes, is amended to read:
63 210.01 Definitions.—When used in this part the following
64 words shall have the meaning herein indicated:
65 (9) “Agent” means any person authorized by the Division of
66 Alcoholic Beverages and Tobacco to purchase and affix adhesive
67 or meter stamps under this part.
68 Section 2. Subsection (1) of section 210.05, Florida
69 Statutes, is amended to read:
70 210.05 Preparation and sale of stamps; discount.—
71 (1) The tax imposed by this part shall be paid by affixing
72 stamps in the manner herein set forth or by affixing stamp
73 insignia through the device of metering machines authorized in
74 this part.
75 Section 3. Section 210.07, Florida Statutes, is amended to
76 read:
77 210.07 Metering Machines.—
78 (1)(a) The tax may also be paid through the use of
79 cigarette tax stamp insignia to be applied by the use of
80 metering machines. The division shall prescribe and promulgate
81 appropriate rules and regulations governing the use of metering
82 machines, the procedure for the payment of such cigarette taxes
83 through the use thereof, requiring adequate surety bonds of the
84 users thereof to assure the proper use of such machines and
85 payment of all cigarette taxes that might come due by the users
86 thereof, and all other rules and regulations necessary and
87 proper to govern the use of same.
88 (b) The provisions of s. 210.05(3)(a) and (b) shall be
89 applicable to cigarette taxes paid through the use of metering
90 machines.
91 (2) All provisions of this part governing the use of
92 cigarette tax stamps, the compiling of records, the making of
93 reports, permits and revocation of permits, seizures and
94 forfeitures, penalties, and all other provisions pertaining to
95 the payment of cigarette taxes through the use of stamps, shall
96 likewise be applicable to the payment of said taxes through the
97 use of metering machines.
98 (1)(3) Wholesale or Retail dealers of cigarettes owning,
99 leasing, furnishing, or operating cigarette vending machines
100 shall affix to each such machine, in a conspicuous place, an
101 identification sticker furnished by the division. Every sticker
102 shall show the vending machine serial number and the name and
103 address of the cigarette wholesale or retail dealer owning,
104 leasing, furnishing, or operating the said vending machine.
105 (2)(4) A person may not operate a No vending machine shall
106 be allowed to operate in the state unless that does not have
107 affixed thereto the identification sticker required by this
108 section is affixed to the vending machine. A person may not
109 operate a nor shall any vending machine be allowed to operate in
110 the state which that does not display at all times at least one
111 package of each brand of the packages located therein so the
112 same are clearly visible and arranged in such a manner that the
113 cigarette tax stamps or meter impressions of stamps affixed
114 thereto are clearly visible. A It shall be the duty of any
115 person, firm, or corporation operating a cigarette vending
116 machine in this state must to furnish to the division the
117 location of the vending machine and to report within 30 days to
118 the division any change of location of the vending machine.
119 Section 4. Section 210.11, Florida Statutes, is amended to
120 read:
121 210.11 Refunds; sales of stamps and payment of tax.
122 Whenever any cigarettes upon which stamps have been placed, or
123 upon which the tax has been paid by metering machine, have been
124 sold and shipped into another state for sale or use therein, or
125 have become unfit for use and consumption or unsalable, or have
126 been destroyed, the dealer involved shall be entitled to a
127 refund or credit of the actual amount of the tax paid with
128 respect to such cigarettes less any discount allowed by the
129 division in the sale of the stamps or payment of the tax by
130 metering machine, upon receipt of satisfactory evidence of the
131 dealer’s right to receive such refund or credit, provided
132 application for refund or credit is made within 9 months after
133 of the date the cigarettes were shipped out of the state, became
134 unfit, or were destroyed. Only the division shall sell, or offer
135 for sale, any stamp or stamps issued under this part. The
136 division may redeem unused stamps lawfully in the possession of
137 any person. The division may prescribe necessary rules and
138 regulations concerning refunds, credits, sales of stamps, and
139 redemptions under the provisions of this part. Appropriation is
140 hereby made out of revenues collected under this part for
141 payment of such allowances.
142 Section 5. Subsection (1) of section 210.12, Florida
143 Statutes, is amended to read:
144 210.12 Seizures; forfeiture proceedings.—
145 (1) The state, acting by and through the division, may
146 shall be authorized and empowered to seize, confiscate, and
147 forfeit any cigarettes upon which taxes payable hereunder may be
148 unpaid or which that are otherwise held in violation of the
149 requirements of this chapter, and also any vending machine or
150 receptacle in which cigarettes upon which taxes have not been
151 paid are held for sale, or any vending machine that does not
152 have affixed thereto the identification sticker required by the
153 provisions of s. 210.07, or that which does not display at all
154 times at least one package of each brand of cigarettes located
155 therein so the same is clearly visible and arranged in such a
156 manner that the cigarette tax stamp or meter impression of the
157 stamp affixed thereto is clearly visible. Such seizure may be
158 made by the division, its duly authorized representative, any
159 sheriff or deputy sheriff, or any police officer.
160 Section 6. Subsection (2) of section 210.15, Florida
161 Statutes, is amended to read:
162 210.15 Permits.—
163 (2) The division may not furnish stamps or approve the use
164 of meter machines to evidence the payment of the taxes on
165 cigarettes except to qualified wholesale dealers.
166 Section 7. Subsection (3) of section 210.18, Florida
167 Statutes, is amended to read:
168 210.18 Penalties for tax evasion; reports by sheriffs.—
169 (3) Any person who falsely or fraudulently makes, forges,
170 alters, or counterfeits any stamp or impression die used in
171 meter machines prescribed by the division under the provisions
172 of this part; or, with intent to evade taxes, jams, tampers
173 with, or alters such a machine; or causes or procures to be
174 falsely or fraudulently made, forged, altered, or counterfeited
175 any such stamp or die; or knowingly and willfully utters,
176 purchases, passes or tenders as true any such false, altered, or
177 counterfeited stamp or die impression; or, with the intent to
178 defraud the state, fails to comply with any other requirement of
179 this part commits a felony of the third degree, punishable as
180 provided in s. 775.082, s. 775.083, or s. 775.084.
181 Section 8. Subsection (2) of section 455.271, Florida
182 Statutes, is amended to read:
183 455.271 Inactive and delinquent status.—
184 (2) Each board, or the department when there is no board,
185 shall permit a licensee to choose, at the time of licensure
186 renewal, an active or inactive status. However, a licensee who
187 changes from inactive to active status is not eligible to return
188 to inactive status until the licensee thereafter completes a
189 licensure cycle on active status.
190 Section 9. Subsection (3) of section 475.02, Florida
191 Statutes, is amended to read:
192 475.02 Florida Real Estate Commission.—
193 (3) Notwithstanding s. 112.313, any member of the
194 commission who is a licensed real estate broker or sales
195 associate and who holds an active real estate school permit,
196 chief administrator permit, school instructor permit, or any
197 combination of such permits issued by the department, to the
198 extent authorized pursuant to such permit, may offer, conduct,
199 or teach any course prescribed or approved by the commission or
200 the department.
201 Section 10. Subsection (2) of section 475.180, Florida
202 Statutes, is amended to read:
203 475.180 Nonresident licenses.—
204 (2)(a) Any applicant who is not a resident of this state
205 shall file an irrevocable consent that suits and actions may be
206 commenced against her or him in any county of this state in
207 which a plaintiff having a cause of action or suit against her
208 or him resides, and that service of any process or pleading in
209 suits or actions against her or him may be made by delivering
210 the process or pleading to the director of the Division of Real
211 Estate by certified mail, return receipt requested, and also to
212 the licensee by registered mail addressed to the licensee at her
213 or his designated principal place of business. Service, when so
214 made, must be taken and held in all courts to be as valid and
215 binding upon the licensee as if made upon her or him in this
216 state within the jurisdiction of the court in which the suit or
217 action is filed. The irrevocable consent must be in a form
218 prescribed by the department and be acknowledged before a notary
219 public.
220 (a)(b) Any resident licensee who becomes a nonresident
221 shall, within 60 days, notify the commission of the change in
222 residency and comply with nonresident requirements. Failure to
223 notify and comply is a violation of the license law, subject to
224 the penalties in s. 475.25.
225 (b)(c) All nonresident applicants and licensees shall
226 comply with all requirements of commission rules and this part.
227 The commission may adopt rules necessary for the regulation of
228 nonresident licensees.
229 Section 11. Subsection (2) of section 475.451, Florida
230 Statutes, is amended to read:
231 475.451 Schools teaching real estate practice.—
232 (2) An applicant for a permit to operate a proprietary real
233 estate school, to be a chief administrator of a proprietary real
234 estate school or a state institution, or to be an instructor for
235 a proprietary real estate school or a state institution must
236 meet the qualifications for practice set forth in s. 475.17(1)
237 and the following minimal requirements:
238 (a) “School permitholder” means the individual who is
239 responsible for directing the overall operation of a proprietary
240 real estate school. A school permitholder must be the holder of
241 a license as a broker, either active or voluntarily inactive, or
242 must have passed an instructor’s examination approved by the
243 commission. A school permitholder must also meet the
244 requirements of a school instructor if actively engaged in
245 teaching.
246 (b) “Chief administrative person” means the individual who
247 is responsible for the administration of the overall policies
248 and practices of the institution or proprietary real estate
249 school. A chief administrative person must also meet the
250 requirements of a school instructor if actively engaged in
251 teaching.
252 (b)(c) “School instructor” means an individual who
253 instructs persons in the classroom in noncredit college courses
254 in a college, university, or community college or courses in a
255 career center or proprietary real estate school.
256 1. Before commencing to provide such instruction, the
257 applicant must certify the applicant’s competency and obtain an
258 instructor permit by meeting one of the following requirements:
259 a. Hold a bachelor’s degree in a business-related subject,
260 such as real estate, finance, accounting, business
261 administration, or its equivalent and hold a valid broker’s
262 license in this state.
263 b. Hold a bachelor’s degree, have extensive real estate
264 experience, as defined by rule, and hold a valid broker’s
265 license in this state.
266 c. Pass an instructor’s examination approved by the
267 commission.
268 2. Any requirement by the commission for a teaching
269 demonstration or practical examination must apply to all school
270 instructor applicants.
271 3. The department shall renew an instructor permit upon
272 receipt of a renewal application and fee. The renewal
273 application shall include proof that the permitholder has, since
274 the issuance or renewal of the current permit, successfully
275 completed a minimum of 7 classroom hours of instruction in real
276 estate subjects or instructional techniques, as prescribed by
277 the commission. The commission shall adopt rules providing for
278 the renewal of instructor permits at least every 2 years. Any
279 permit that which is not renewed at the end of the permit period
280 established by the department shall automatically reverts revert
281 to involuntarily inactive status.
282
283 The department may require an applicant to submit names of
284 persons having knowledge concerning the applicant and the
285 enterprise; may propound interrogatories to such persons and to
286 the applicant concerning the character of the applicant,
287 including the taking of fingerprints for processing through the
288 Federal Bureau of Investigation; and shall make such
289 investigation of the applicant or the school or institution as
290 it may deem necessary to the granting of the permit. If an
291 objection is filed, it shall be considered in the same manner as
292 objections or administrative complaints against other applicants
293 for licensure by the department.
294 Section 12. Subsection (7) of section 475.6235, Florida
295 Statutes, is repealed.
296 Section 13. Subsection (2) of section 475.631, Florida
297 Statutes, is amended to read:
298 475.631 Nonresident licenses and certifications.—
299 (2)(a) An applicant who is not a resident of this state
300 shall file an irrevocable consent that suits and actions may be
301 commenced against her or him in any county of this state in
302 which a plaintiff having a cause of action or suit against her
303 or him resides and that service of any process or pleading in
304 suits or actions against her or him may be made by delivering
305 the process or pleading to the director of the Division of Real
306 Estate by certified mail, return receipt requested, and also to
307 the certified appraiser or licensee by registered mail addressed
308 to the certified appraiser or licensee at her or his designated
309 principal place of business. Service, when so made, must be
310 taken and held in all courts to be as valid and binding upon the
311 certified appraiser or licensee as if made upon her or him in
312 this state within the jurisdiction of the court in which the
313 suit or action is filed. The irrevocable consent must be in a
314 form prescribed by the department and be acknowledged before a
315 notary public.
316 (a)(b) Any resident state-certified appraiser who becomes a
317 nonresident shall, within 60 days, notify the board of the
318 change in residency and comply with nonresident requirements.
319 Failure to notify and comply is a violation of the license law,
320 subject to the penalties in s. 475.624.
321 (b)(c) All nonresident applicants, certified appraisers,
322 and licensees shall comply with all requirements of board rules
323 and this part. The board may adopt rules pursuant to ss.
324 120.536(1) and 120.54 necessary for the regulation of
325 nonresident certified appraisers and licensees.
326 Section 14. Section 476.124, Florida Statutes, is repealed.
327 Section 15. Section 561.23, Florida Statutes, is amended to
328 read:
329 561.23 License issued in duplicate; display.—
330 (1) Licenses shall be issued in duplicate. The original
331 license shall be delivered to the licensee; and one copy shall
332 be retained by the division.
333 (2) All vendors licensed under the Beverage Law shall
334 display their licenses in conspicuous places on their licensed
335 premises.
336 Section 16. This act shall take effect upon becoming a law.