Florida Senate - 2012 CS for SB 1252
By the Committee on Regulated Industries; and Senator Jones
580-02848-12 20121252c1
1 A bill to be entitled
2 An act relating to business and professional
3 regulation; amending s. 455.213, F.S.; requiring the
4 Department of Business and Professional Regulation to
5 waive certain licensing fees for a military veteran
6 who applies within a specified period after honorable
7 discharge from any branch of the United States Armed
8 Forces; amending s. 455.2179, F.S.; authorizing the
9 department rather than the board to approve continuing
10 education providers or courses under certain
11 circumstances; reserving to the department the
12 authority to determine the contents of documents
13 submitted for approval of a continuing education
14 provider or course; amending s. 455.271, F.S.;
15 limiting to the department the authority to reinstate
16 a license that has become void under certain
17 circumstances; amending s. 455.273, F.S.; revising the
18 method of license renewal notification or notice of
19 pending cancellation of licensure to include an e-mail
20 address; deleting a requirement that a licensure
21 renewal notification and a notice of cancellation of
22 licensure include certain information regarding the
23 applicant; amending s. 455.275, F.S.; revising a
24 provision relating to maintenance of current address
25 of-record information to include e-mail address;
26 revising a provision relating to notice to a licensee
27 to allow service of process by e-mail; amending s.
28 475.451, F.S.; authorizing distance learning courses
29 as an acceptable alternative to classroom instruction
30 for renewal of a real estate instructor permit;
31 providing that distance learning courses are under the
32 discretion of the school offering the real estate
33 course; requiring distance learning courses to adhere
34 to certain requirements; amending s. 475.611, F.S.;
35 revising the definition of the terms “appraisal
36 management company” and “appraisal management
37 services” and defining the term “subsidiary”; amending
38 s. 475.6171, F.S.; revising requirements for the
39 issuance of registration or certification upon receipt
40 of proper documentation; amending s. 475.6235, F.S.;
41 revising provisions relating to titles an appraisal
42 management company must be registered to use;
43 providing exemptions from registration requirements;
44 amending s. 475.6245, F.S.; providing additional
45 grounds for discipline of appraisal management
46 companies, to which penalties apply; amending s.
47 476.188, F.S.; revising the list of locations for the
48 performance of barber services not in a registered
49 barbershop; amending s. 477.0135, F.S.; exempting from
50 cosmetology licensure individuals who perform makeup
51 services to the general public; amending s. 477.019,
52 F.S.; revising procedures for cosmetology licensure by
53 endorsement to provide an exception to required proof
54 of educational hours; amending s. 477.0263, F.S.;
55 authorizing the performance of cosmetology and
56 specialty services in a location other than a licensed
57 salon under certain circumstances; reenacting and
58 amending s. 489.118, F.S.; reviving grandfathering
59 provisions and establishing a new deadline for
60 applications for certification of certain registered
61 contractors; amending s. 548.061, F.S.; removing the
62 requirement that each person or club that holds or
63 shows matches on a closed circuit telecast viewed
64 within the state, but originating within another
65 state, must file certain reports; providing an
66 effective date.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Subsection (12) is added to section 455.213,
71 Florida Statutes, to read:
72 455.213 General licensing provisions.—
73 (12) The department shall waive the initial licensing fee,
74 the initial application fee, and the initial unlicensed activity
75 fee for a military veteran who applies to the department for a
76 license, in a format prescribed by the department, within 24
77 months after discharge from any branch of the United States
78 Armed Forces. To qualify for this waiver, the veteran must have
79 been honorably discharged.
80 Section 2. Subsection (1) of section 455.2179, Florida
81 Statutes, is amended to read:
82 455.2179 Continuing education provider and course approval;
83 cease and desist orders.—
84 (1) If a board, or the department if there is no board,
85 requires completion of continuing education as a requirement for
86 renewal of a license, the board, or the department if there is
87 no board, shall approve the providers and courses for of the
88 continuing education. Notwithstanding this subsection or any
89 other provision of law, the department may approve continuing
90 education providers or courses even if there is a board. If the
91 department determines that an application for a continuing
92 education provider or course requires expert review or should be
93 denied, the department shall forward the application to the
94 appropriate board for review and approval or denial. The
95 approval of continuing education providers and courses must be
96 for a specified period of time, not to exceed 4 years. An
97 approval that does not include such a time limitation may remain
98 in effect pursuant to the applicable practice act or the rules
99 adopted under the applicable practice act. Notwithstanding this
100 subsection or any other provision of law, only the department
101 may determine the contents of any documents submitted for
102 approval of a continuing education provider or course.
103 Section 3. Paragraph (b) of subsection (6) of section
104 455.271, Florida Statutes, is amended to read:
105 455.271 Inactive and delinquent status.—
106 (6)
107 (b) Notwithstanding the provisions of the professional
108 practice acts administered by the department, the board, or the
109 department if there is no board, may, at its discretion,
110 reinstate the license of an individual whose license has become
111 void if the board or department, as applicable, determines that
112 the individual has made a good faith effort to comply with this
113 section but has failed to comply because of illness or unusual
114 economic hardship. The individual must apply to the board, or
115 the department if there is no board, for reinstatement in a
116 manner prescribed by rules of the board or the department, as
117 applicable, and shall pay an applicable fee in an amount
118 determined by rule. The board, or the department if there is no
119 board, shall require that such individual meet all continuing
120 education requirements prescribed by law, pay appropriate
121 licensing fees, and otherwise be eligible for renewal of
122 licensure under this chapter.
123
124 This subsection does not apply to individuals subject to
125 regulation under chapter 473.
126 Section 4. Section 455.273, Florida Statutes, is amended to
127 read:
128 455.273 Renewal and cancellation notices.—
129 (1) At least 90 days before the end of a licensure cycle,
130 the department of Business and Professional Regulation shall:
131 (1)(a) Forward a licensure renewal notification to an
132 active or inactive licensee at the licensee’s last known address
133 of record or e-mail address provided to with the department.
134 (2)(b) Forward a notice of pending cancellation of
135 licensure to a delinquent status licensee at the licensee’s last
136 known address of record or e-mail address provided to with the
137 department.
138 (2) Each licensure renewal notification and each notice of
139 pending cancellation of licensure must state conspicuously that
140 a licensee who remains on inactive status for more than two
141 consecutive biennial licensure cycles and who wishes to
142 reactivate the license may be required to demonstrate the
143 competency to resume active practice by sitting for a special
144 purpose examination or by completing other reactivation
145 requirements, as defined by rule of the board or the department
146 when there is no board.
147 Section 5. Subsections (1) and (2) of section 455.275,
148 Florida Statutes, are amended to read:
149 455.275 Address of record.—
150 (1) Each licensee of the department is solely responsible
151 for notifying the department in writing of the licensee’s
152 current mailing address, e-mail address, and place of practice,
153 as defined by rule of the board or the department when there is
154 no board. A licensee’s failure to notify the department of a
155 change of address constitutes a violation of this section, and
156 the licensee may be disciplined by the board or the department
157 when there is no board.
158 (2) Notwithstanding any other provision of law, service by
159 regular mail or e-mail to a licensee’s last known mailing
160 address or e-mail address of record with the department
161 constitutes adequate and sufficient notice to the licensee for
162 any official communication to the licensee by the board or the
163 department except when other service is required pursuant to s.
164 455.225.
165 Section 6. Paragraph (c) of subsection (2) of section
166 475.451, Florida Statutes, is amended, present subsections (4)
167 through (8) are renumbered as subsections (5) through (9),
168 respectively, and a new subsection (4) is added to that section,
169 to read:
170 475.451 Schools teaching real estate practice.—
171 (2) An applicant for a permit to operate a proprietary real
172 estate school, to be a chief administrator of a proprietary real
173 estate school or a state institution, or to be an instructor for
174 a proprietary real estate school or a state institution must
175 meet the qualifications for practice set forth in s. 475.17(1)
176 and the following minimal requirements:
177 (c) “School instructor” means an individual who instructs
178 persons in the classroom in noncredit college courses in a
179 college, university, or community college or courses in a career
180 center or proprietary real estate school.
181 1. Before commencing to provide such instruction, the
182 applicant must certify the applicant’s competency and obtain an
183 instructor permit by meeting one of the following requirements:
184 a. Hold a bachelor’s degree in a business-related subject,
185 such as real estate, finance, accounting, business
186 administration, or its equivalent and hold a valid broker’s
187 license in this state.
188 b. Hold a bachelor’s degree, have extensive real estate
189 experience, as defined by rule, and hold a valid broker’s
190 license in this state.
191 c. Pass an instructor’s examination approved by the
192 commission.
193 2. Any requirement by the commission for a teaching
194 demonstration or practical examination must apply to all school
195 instructor applicants.
196 3. The department shall renew an instructor permit upon
197 receipt of a renewal application and fee. The renewal
198 application shall include proof that the permitholder has, since
199 the issuance or renewal of the current permit, successfully
200 completed a minimum of 7 classroom or distance learning hours of
201 instruction in real estate subjects or instructional techniques,
202 as prescribed by the commission. The commission shall adopt
203 rules providing for the renewal of instructor permits at least
204 every 2 years. Any permit that which is not renewed at the end
205 of the permit period established by the department shall
206 automatically reverts revert to involuntarily inactive status.
207
208 The department may require an applicant to submit names of
209 persons having knowledge concerning the applicant and the
210 enterprise; may propound interrogatories to such persons and to
211 the applicant concerning the character of the applicant,
212 including the taking of fingerprints for processing through the
213 Federal Bureau of Investigation; and shall make such
214 investigation of the applicant or the school or institution as
215 it may deem necessary to the granting of the permit. If an
216 objection is filed, it shall be considered in the same manner as
217 objections or administrative complaints against other applicants
218 for licensure by the department.
219 (4) A real estate school may offer any course through
220 distance learning if the course complies with s. 475.17(2).
221 Section 7. Paragraphs (c) and (d) of subsection (1) of
222 section 475.611, Florida Statutes, are amended, and paragraph
223 (y) is added to that subsection, to read:
224 475.611 Definitions.—
225 (1) As used in this part, the term:
226 (c) “Appraisal management company” means a person who
227 performs appraisal management services regardless of the use of
228 the term “appraisal management company,” “appraiser
229 cooperative,” “appraiser portal,” “mortgage technology company,”
230 or other term.
231 (d) “Appraisal management services” means the coordination
232 or management of appraisal services for compensation by:
233 1. Employing, contracting with, or otherwise retaining one
234 or more licensed or certified appraisers to perform appraisal
235 services for a client; or
236 2. Acting as a broker or intermediary between a client and
237 one or more licensed or certified appraisers to facilitate the
238 client’s employing, contracting with, or otherwise retaining the
239 appraisers.
240 (y) “Subsidiary” means an organization that is owned and
241 controlled by a financial institution that is regulated by a
242 federal financial institution regulatory agency.
243 Section 8. Subsection (4) of section 475.6171, Florida
244 Statutes, is amended to read:
245 475.6171 Issuance of registration or certification.—The
246 registration or certification of an applicant may be issued upon
247 receipt by the board of the following:
248 (4) If required, proof of passing a written examination as
249 specified in s. 475.616. No certification shall be issued based
250 upon any examination results obtained more than 24 months after
251 the date of examination.
252 Section 9. Subsection (1) of section 475.6235, Florida
253 Statutes, is amended, and subsection (9) is added to that
254 section, to read:
255 475.6235 Registration of appraisal management companies
256 required; exemptions.—
257 (1) A person may not engage, or offer to engage, in
258 appraisal management services for compensation in this state or,
259 advertise or represent herself or himself as an appraisal
260 management company, or use the titles “appraisal management
261 company,” “appraiser cooperative,” “appraiser portal,” or
262 “mortgage technology company,” or any abbreviation or words to
263 that effect, unless the person is registered with the department
264 as an appraisal management company under this section. However,
265 an employee of an appraisal management company is not required
266 to obtain a separate registration.
267 (9) This section does not apply to:
268 (a) Any financial institution, as defined in s. 655.005,
269 which owns and operates an internal appraisal office, business
270 unit, or department; or
271 (b) An appraisal management company that is a subsidiary
272 owned and controlled by a financial institution, as defined in
273 s. 655.005, and regulated by a federal financial institution
274 regulatory agency.
275 Section 10. Paragraph (v) is added to subsection (1) of
276 section 475.6245, Florida Statutes, to read:
277 475.6245 Discipline of appraisal management companies.—
278 (1) The board may deny an application for registration of
279 an appraisal management company; may investigate the actions of
280 any appraisal management company registered under this part; may
281 reprimand or impose an administrative fine not to exceed $5,000
282 for each count or separate offense against any such appraisal
283 management company; and may revoke or suspend, for a period not
284 to exceed 10 years, the registration of any such appraisal
285 management company, or place any such appraisal management
286 company on probation, if the board finds that the appraisal
287 management company or any person listed in s. 475.6235(2)(f):
288 (v) Has required or attempted to require an appraiser to
289 sign any indemnification agreement that would require the
290 appraiser to hold harmless the appraisal management company or
291 its owners, agents, employees, or independent contractors from
292 any liability, damage, loss, or claim arising from the services
293 performed by the appraisal management company or its owners,
294 agents, employees, or independent contractors and not the
295 services performed by the appraiser.
296 Section 11. Subsection (2) of section 476.188, Florida
297 Statutes, is amended to read:
298 476.188 Barber services to be performed in registered
299 barbershop; exception.—
300 (2) Pursuant to rules established by the board, barber
301 services may be performed by a licensed barber in a location
302 other than a registered barbershop, including, but not limited
303 to, a nursing home, hospital, place of employment, or residence,
304 when a client for reasons of ill health is unable to go to a
305 registered barbershop. Arrangements for the performance of
306 barber services in a location other than a registered barbershop
307 shall be made only through a registered barbershop.
308 Section 12. Subsection (7) is added to section 477.0135,
309 Florida Statutes, to read:
310 477.0135 Exemptions.—
311 (7) A license is not required of any individual providing
312 makeup services to the general public.
313 Section 13. Subsection (6) of section 477.019, Florida
314 Statutes, is amended to read:
315 477.019 Cosmetologists; qualifications; licensure;
316 supervised practice; license renewal; endorsement; continuing
317 education.—
318 (6) The board shall adopt rules specifying procedures for
319 the licensure by endorsement of practitioners desiring to be
320 licensed in this state who hold a current active license in
321 another state and who have met qualifications substantially
322 similar to, equivalent to, or greater than the qualifications
323 required of applicants from this state. The board shall not
324 require proof of educational hours if the license was issued in
325 a state that requires 1,200 or more hours of prelicensure
326 education and passage of a written examination. This subsection
327 does not apply to applicants who received their license in
328 another state through an apprenticeship program.
329 Section 14. Subsection (4) is added to section 477.0263,
330 Florida Statutes, to read:
331 477.0263 Cosmetology services to be performed in licensed
332 salon; exceptions exception.—
333 (4) Pursuant to rules adopted by the board, any cosmetology
334 or specialty service may be performed in a location other than a
335 licensed salon when the service is performed in connection with
336 a special event and is performed by a person who is employed by
337 a licensed salon and who holds the proper license or specialty
338 registration. An appointment for the performance of any such
339 service in a location other than a licensed salon must be made
340 through a licensed salon.
341 Section 15. Section 489.118, Florida Statutes, is reenacted
342 and amended to read:
343 489.118 Certification of registered contractors;
344 grandfathering provisions.—The board shall, upon receipt of a
345 completed application and appropriate fee, issue a certificate
346 in the appropriate category to any contractor registered under
347 this part who makes application to the board and can show that
348 he or she meets each of the following requirements:
349 (1) Currently holds a valid registered local license in one
350 of the contractor categories defined in s. 489.105(3)(a)-(p).
351 (2) Has, for that category, passed a written examination
352 that the board finds to be substantially similar to the
353 examination required to be licensed as a certified contractor
354 under this part. For purposes of this subsection, a written,
355 proctored examination such as that produced by the National
356 Assessment Institute, Block and Associates, NAI/Block, Experior
357 Assessments, Professional Testing, Inc., or Assessment Systems,
358 Inc., shall be considered to be substantially similar to the
359 examination required to be licensed as a certified contractor.
360 The board may not impose or make any requirements regarding the
361 nature or content of these cited examinations.
362 (3) Has at least 5 years of experience as a contractor in
363 that contracting category, or as an inspector or building
364 administrator with oversight over that category, at the time of
365 application. For contractors, only time periods in which the
366 contractor license is active and the contractor is not on
367 probation shall count toward the 5 years required by this
368 subsection.
369 (4) Has not had his or her contractor’s license revoked at
370 any time, had his or her contractor’s license suspended within
371 the last 5 years, or been assessed a fine in excess of $500
372 within the last 5 years.
373 (5) Is in compliance with the insurance and financial
374 responsibility requirements in s. 489.115(5).
375
376 Applicants wishing to obtain a certificate pursuant to this
377 section must make application by November 1, 2014 2005.
378 Section 16. Section 548.061, Florida Statutes, is amended
379 to read:
380 548.061 Closed circuit television.—Each person or club that
381 holds or shows any matches on a closed circuit telecast viewed
382 within this state, whether originating within this state or
383 another state, shall file a written report, under oath, which
384 states the exact number of tickets sold for the showing, the
385 amount of gross receipts, and any other information the
386 commission requires and shall, within 72 hours after the
387 telecast, pay a tax of 5 percent of its total gross receipts
388 from the sale of tickets.
389 Section 17. This act shall take effect October 1, 2012.