Florida Senate - 2012 CS for SB 1120
By the Committee on Budget Subcommittee on General Government
Appropriations; and Senator Jones
601-04286-12 20121120c1
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; amending s. 565.07, F.S.; allowing
58 certain high-proof distilled spirits to be distilled,
59 bottled, packaged, or processed for export or sale
60 outside this state; providing an effective date.
61
62 Be It Enacted by the Legislature of the State of Florida:
63
64 Section 1. Subsection (9) of section 210.01, Florida
65 Statutes, is amended to read:
66 210.01 Definitions.—When used in this part the following
67 words shall have the meaning herein indicated:
68 (9) “Agent” means any person authorized by the Division of
69 Alcoholic Beverages and Tobacco to purchase and affix adhesive
70 or meter stamps under this part.
71 Section 2. Subsection (1) of section 210.05, Florida
72 Statutes, is amended to read:
73 210.05 Preparation and sale of stamps; discount.—
74 (1) The tax imposed by this part shall be paid by affixing
75 stamps in the manner herein set forth or by affixing stamp
76 insignia through the device of metering machines authorized in
77 this part.
78 Section 3. Section 210.07, Florida Statutes, is amended to
79 read:
80 210.07 Metering Machines.—
81 (1)(a) The tax may also be paid through the use of
82 cigarette tax stamp insignia to be applied by the use of
83 metering machines. The division shall prescribe and promulgate
84 appropriate rules and regulations governing the use of metering
85 machines, the procedure for the payment of such cigarette taxes
86 through the use thereof, requiring adequate surety bonds of the
87 users thereof to assure the proper use of such machines and
88 payment of all cigarette taxes that might come due by the users
89 thereof, and all other rules and regulations necessary and
90 proper to govern the use of same.
91 (b) The provisions of s. 210.05(3)(a) and (b) shall be
92 applicable to cigarette taxes paid through the use of metering
93 machines.
94 (2) All provisions of this part governing the use of
95 cigarette tax stamps, the compiling of records, the making of
96 reports, permits and revocation of permits, seizures and
97 forfeitures, penalties, and all other provisions pertaining to
98 the payment of cigarette taxes through the use of stamps, shall
99 likewise be applicable to the payment of said taxes through the
100 use of metering machines.
101 (1)(3) Wholesale or Retail dealers of cigarettes owning,
102 leasing, furnishing, or operating cigarette vending machines
103 shall affix to each such machine, in a conspicuous place, an
104 identification sticker furnished by the division. Every sticker
105 shall show the vending machine serial number and the name and
106 address of the cigarette wholesale or retail dealer owning,
107 leasing, furnishing, or operating the said vending machine.
108 (2)(4) A person may not operate a No vending machine shall
109 be allowed to operate in the state unless that does not have
110 affixed thereto the identification sticker required by this
111 section is affixed to the vending machine. A person may not
112 operate a nor shall any vending machine be allowed to operate in
113 the state which that does not display at all times at least one
114 package of each brand of the packages located therein so the
115 same are clearly visible and arranged in such a manner that the
116 cigarette tax stamps or meter impressions of stamps affixed
117 thereto are clearly visible. A It shall be the duty of any
118 person, firm, or corporation operating a cigarette vending
119 machine in this state must to furnish to the division the
120 location of the vending machine and to report within 30 days to
121 the division any change of location of the vending machine.
122 Section 4. Section 210.11, Florida Statutes, is amended to
123 read:
124 210.11 Refunds; sales of stamps and payment of tax.
125 Whenever any cigarettes upon which stamps have been placed, or
126 upon which the tax has been paid by metering machine, have been
127 sold and shipped into another state for sale or use therein, or
128 have become unfit for use and consumption or unsalable, or have
129 been destroyed, the dealer involved shall be entitled to a
130 refund or credit of the actual amount of the tax paid with
131 respect to such cigarettes less any discount allowed by the
132 division in the sale of the stamps or payment of the tax by
133 metering machine, upon receipt of satisfactory evidence of the
134 dealer’s right to receive such refund or credit, provided
135 application for refund or credit is made within 9 months after
136 of the date the cigarettes were shipped out of the state, became
137 unfit, or were destroyed. Only the division shall sell, or offer
138 for sale, any stamp or stamps issued under this part. The
139 division may redeem unused stamps lawfully in the possession of
140 any person. The division may prescribe necessary rules and
141 regulations concerning refunds, credits, sales of stamps, and
142 redemptions under the provisions of this part. Appropriation is
143 hereby made out of revenues collected under this part for
144 payment of such allowances.
145 Section 5. Subsection (1) of section 210.12, Florida
146 Statutes, is amended to read:
147 210.12 Seizures; forfeiture proceedings.—
148 (1) The state, acting by and through the division, may
149 shall be authorized and empowered to seize, confiscate, and
150 forfeit any cigarettes upon which taxes payable hereunder may be
151 unpaid or which that are otherwise held in violation of the
152 requirements of this chapter, and also any vending machine or
153 receptacle in which cigarettes upon which taxes have not been
154 paid are held for sale, or any vending machine that does not
155 have affixed thereto the identification sticker required by the
156 provisions of s. 210.07, or that which does not display at all
157 times at least one package of each brand of cigarettes located
158 therein so the same is clearly visible and arranged in such a
159 manner that the cigarette tax stamp or meter impression of the
160 stamp affixed thereto is clearly visible. Such seizure may be
161 made by the division, its duly authorized representative, any
162 sheriff or deputy sheriff, or any police officer.
163 Section 6. Subsection (2) of section 210.15, Florida
164 Statutes, is amended to read:
165 210.15 Permits.—
166 (2) The division may not furnish stamps or approve the use
167 of meter machines to evidence the payment of the taxes on
168 cigarettes except to qualified wholesale dealers.
169 Section 7. Subsection (3) of section 210.18, Florida
170 Statutes, is amended to read:
171 210.18 Penalties for tax evasion; reports by sheriffs.—
172 (3) Any person who falsely or fraudulently makes, forges,
173 alters, or counterfeits any stamp or impression die used in
174 meter machines prescribed by the division under the provisions
175 of this part; or, with intent to evade taxes, jams, tampers
176 with, or alters such a machine; or causes or procures to be
177 falsely or fraudulently made, forged, altered, or counterfeited
178 any such stamp or die; or knowingly and willfully utters,
179 purchases, passes or tenders as true any such false, altered, or
180 counterfeited stamp or die impression; or, with the intent to
181 defraud the state, fails to comply with any other requirement of
182 this part commits a felony of the third degree, punishable as
183 provided in s. 775.082, s. 775.083, or s. 775.084.
184 Section 8. Subsection (2) of section 455.271, Florida
185 Statutes, is amended to read:
186 455.271 Inactive and delinquent status.—
187 (2) Each board, or the department when there is no board,
188 shall permit a licensee to choose, at the time of licensure
189 renewal, an active or inactive status. However, a licensee who
190 changes from inactive to active status is not eligible to return
191 to inactive status until the licensee thereafter completes a
192 licensure cycle on active status.
193 Section 9. Subsection (3) of section 475.02, Florida
194 Statutes, is amended to read:
195 475.02 Florida Real Estate Commission.—
196 (3) Notwithstanding s. 112.313, any member of the
197 commission who is a licensed real estate broker or sales
198 associate and who holds an active real estate school permit,
199 chief administrator permit, school instructor permit, or any
200 combination of such permits issued by the department, to the
201 extent authorized pursuant to such permit, may offer, conduct,
202 or teach any course prescribed or approved by the commission or
203 the department.
204 Section 10. Subsection (2) of section 475.180, Florida
205 Statutes, is amended to read:
206 475.180 Nonresident licenses.—
207 (2)(a) Any applicant who is not a resident of this state
208 shall file an irrevocable consent that suits and actions may be
209 commenced against her or him in any county of this state in
210 which a plaintiff having a cause of action or suit against her
211 or him resides, and that service of any process or pleading in
212 suits or actions against her or him may be made by delivering
213 the process or pleading to the director of the Division of Real
214 Estate by certified mail, return receipt requested, and also to
215 the licensee by registered mail addressed to the licensee at her
216 or his designated principal place of business. Service, when so
217 made, must be taken and held in all courts to be as valid and
218 binding upon the licensee as if made upon her or him in this
219 state within the jurisdiction of the court in which the suit or
220 action is filed. The irrevocable consent must be in a form
221 prescribed by the department and be acknowledged before a notary
222 public.
223 (a)(b) Any resident licensee who becomes a nonresident
224 shall, within 60 days, notify the commission of the change in
225 residency and comply with nonresident requirements. Failure to
226 notify and comply is a violation of the license law, subject to
227 the penalties in s. 475.25.
228 (b)(c) All nonresident applicants and licensees shall
229 comply with all requirements of commission rules and this part.
230 The commission may adopt rules necessary for the regulation of
231 nonresident licensees.
232 Section 11. Subsection (2) of section 475.451, Florida
233 Statutes, is amended to read:
234 475.451 Schools teaching real estate practice.—
235 (2) An applicant for a permit to operate a proprietary real
236 estate school, to be a chief administrator of a proprietary real
237 estate school or a state institution, or to be an instructor for
238 a proprietary real estate school or a state institution must
239 meet the qualifications for practice set forth in s. 475.17(1)
240 and the following minimal requirements:
241 (a) “School permitholder” means the individual who is
242 responsible for directing the overall operation of a proprietary
243 real estate school. A school permitholder must be the holder of
244 a license as a broker, either active or voluntarily inactive, or
245 must have passed an instructor’s examination approved by the
246 commission. A school permitholder must also meet the
247 requirements of a school instructor if actively engaged in
248 teaching.
249 (b) “Chief administrative person” means the individual who
250 is responsible for the administration of the overall policies
251 and practices of the institution or proprietary real estate
252 school. A chief administrative person must also meet the
253 requirements of a school instructor if actively engaged in
254 teaching.
255 (b)(c) “School instructor” means an individual who
256 instructs persons in the classroom in noncredit college courses
257 in a college, university, or community college or courses in a
258 career center or proprietary real estate school.
259 1. Before commencing to provide such instruction, the
260 applicant must certify the applicant’s competency and obtain an
261 instructor permit by meeting one of the following requirements:
262 a. Hold a bachelor’s degree in a business-related subject,
263 such as real estate, finance, accounting, business
264 administration, or its equivalent and hold a valid broker’s
265 license in this state.
266 b. Hold a bachelor’s degree, have extensive real estate
267 experience, as defined by rule, and hold a valid broker’s
268 license in this state.
269 c. Pass an instructor’s examination approved by the
270 commission.
271 2. Any requirement by the commission for a teaching
272 demonstration or practical examination must apply to all school
273 instructor applicants.
274 3. The department shall renew an instructor permit upon
275 receipt of a renewal application and fee. The renewal
276 application shall include proof that the permitholder has, since
277 the issuance or renewal of the current permit, successfully
278 completed a minimum of 7 classroom hours of instruction in real
279 estate subjects or instructional techniques, as prescribed by
280 the commission. The commission shall adopt rules providing for
281 the renewal of instructor permits at least every 2 years. Any
282 permit that which is not renewed at the end of the permit period
283 established by the department shall automatically reverts revert
284 to involuntarily inactive status.
285
286 The department may require an applicant to submit names of
287 persons having knowledge concerning the applicant and the
288 enterprise; may propound interrogatories to such persons and to
289 the applicant concerning the character of the applicant,
290 including the taking of fingerprints for processing through the
291 Federal Bureau of Investigation; and shall make such
292 investigation of the applicant or the school or institution as
293 it may deem necessary to the granting of the permit. If an
294 objection is filed, it shall be considered in the same manner as
295 objections or administrative complaints against other applicants
296 for licensure by the department.
297 Section 12. Subsection (7) of section 475.6235, Florida
298 Statutes, is repealed.
299 Section 13. Subsection (2) of section 475.631, Florida
300 Statutes, is amended to read:
301 475.631 Nonresident licenses and certifications.—
302 (2)(a) An applicant who is not a resident of this state
303 shall file an irrevocable consent that suits and actions may be
304 commenced against her or him in any county of this state in
305 which a plaintiff having a cause of action or suit against her
306 or him resides and that service of any process or pleading in
307 suits or actions against her or him may be made by delivering
308 the process or pleading to the director of the Division of Real
309 Estate by certified mail, return receipt requested, and also to
310 the certified appraiser or licensee by registered mail addressed
311 to the certified appraiser or licensee at her or his designated
312 principal place of business. Service, when so made, must be
313 taken and held in all courts to be as valid and binding upon the
314 certified appraiser or licensee as if made upon her or him in
315 this state within the jurisdiction of the court in which the
316 suit or action is filed. The irrevocable consent must be in a
317 form prescribed by the department and be acknowledged before a
318 notary public.
319 (a)(b) Any resident state-certified appraiser who becomes a
320 nonresident shall, within 60 days, notify the board of the
321 change in residency and comply with nonresident requirements.
322 Failure to notify and comply is a violation of the license law,
323 subject to the penalties in s. 475.624.
324 (b)(c) All nonresident applicants, certified appraisers,
325 and licensees shall comply with all requirements of board rules
326 and this part. The board may adopt rules pursuant to ss.
327 120.536(1) and 120.54 necessary for the regulation of
328 nonresident certified appraisers and licensees.
329 Section 14. Section 476.124, Florida Statutes, is repealed.
330 Section 15. Section 561.23, Florida Statutes, is amended to
331 read:
332 561.23 License issued in duplicate; display.—
333 (1) Licenses shall be issued in duplicate. The original
334 license shall be delivered to the licensee; and one copy shall
335 be retained by the division.
336 (2) All vendors licensed under the Beverage Law shall
337 display their licenses in conspicuous places on their licensed
338 premises.
339 Section 16. Section 565.07, Florida Statutes, is amended to
340 read:
341 565.07 Sale or consumption of certain distilled spirits
342 prohibited.—A No distilled spirit greater than 153 proof may not
343 shall be sold, processed, or consumed in the state. However, a
344 distilled spirit greater than 153 proof may be distilled,
345 bottled, packaged, or processed for export or sale outside the
346 state.
347 Section 17. This act shall take effect upon becoming a law.