Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/HB 517, 2nd Eng.
       
       
       
       
       
       
                                Barcode 624598                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENA1/C         
             03/08/2012 02:44 PM       .      03/08/2012 05:05 PM       
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (5) of section
    6  373.461, Florida Statutes, is amended to read:
    7         373.461 Lake Apopka improvement and management.—
    8         (5) PURCHASE OF AGRICULTURAL LANDS.—
    9         (c) The district shall explore the availability of funding
   10  from all sources, including any federal, state, regional, and
   11  local land acquisition funding programs, to purchase the
   12  agricultural lands described in paragraph (a). It is the
   13  Legislature’s intent that, if such funding sources can be
   14  identified, acquisition of the lands described in paragraph (a)
   15  may be undertaken by the district to purchase these properties
   16  from willing sellers. However, the purchase price paid for
   17  acquisition of such lands that were in active cultivation during
   18  1996 may shall not exceed the highest appraisal obtained by the
   19  district for these lands from a state-certified general
   20  appraiser following the standards of professional practice
   21  established by rule of the Florida Real Estate Appraisal Board,
   22  including standards for the development or communication of a
   23  real estate appraisal Uniform Standards of Professional
   24  Appraisal Practice. This maximum purchase price limitation may
   25  shall not include, nor be applicable to, that portion of the
   26  purchase price attributable to consideration of income described
   27  in paragraph (b), or that portion attributable to related
   28  facilities, or closing costs.
   29         Section 2. Subsection (12) is added to section 455.213,
   30  Florida Statutes, to read:
   31         455.213 General licensing provisions.—
   32         (12) The department shall waive the initial licensing fee,
   33  the initial application fee, and the initial unlicensed activity
   34  fee for a military veteran who applies to the department for a
   35  license, in a format prescribed by the department, within 24
   36  months after discharge from any branch of the United States
   37  Armed Forces. To qualify for this waiver, the veteran must have
   38  been honorably discharged.
   39         Section 3. Subsection (10) of section 455.271, Florida
   40  Statutes, is amended to read:
   41         455.271 Inactive and delinquent status.—
   42         (10) The board, or the department if there is no board, may
   43  not require Before reactivation, an inactive or delinquent
   44  licensee, except for a licensee under chapter 473 or chapter
   45  475, to complete more than one renewal cycle of shall meet the
   46  same continuing education to reactivate a license requirements,
   47  if any, imposed on an active status licensee for all biennial
   48  licensure periods in which the licensee was inactive or
   49  delinquent. This subsection does not apply to persons regulated
   50  under chapter 473.
   51         Section 4. Section 468.391, Florida Statutes, is amended to
   52  read:
   53         468.391 Penalty.—Any auctioneer, apprentice, or auction
   54  business or any owner or manager thereof, or, in the case of
   55  corporate ownership, any substantial stockholder of the
   56  corporation owning the auction business, who operates without an
   57  active license or violates any provision of the prohibited acts
   58  listed under s. 468.389(1)(c), (e), (f), (h), or (i) commits a
   59  felony of the third degree, punishable as provided in s. 775.082
   60  or s. 775.083.
   61         Section 5. Section 468.4338, Florida Statutes, is amended
   62  to read:
   63         468.4338 Reactivation; continuing education.—The council
   64  shall prescribe by rule continuing education requirements for
   65  reactivating a license. The continuing education requirements
   66  for reactivating a license may not exceed one renewal cycle of
   67  continuing education 10 classroom hours for each year the
   68  license was inactive.
   69         Section 6. Subsection (2) of section 468.8317, Florida
   70  Statutes, is amended to read:
   71         468.8317 Inactive license.—
   72         (2) A license that becomes has become inactive may be
   73  reactivated upon application to the department. The department
   74  may prescribe by rule continuing education requirements as a
   75  condition of reactivating a license. The rules may not require
   76  more than one renewal cycle of continuing education to
   77  reactivate requirements for reactivating a license may not
   78  exceed 14 hours for each year the license was inactive.
   79         Section 7. Paragraph (d) of subsection (1) of section
   80  468.841, Florida Statutes, is amended to read:
   81         468.841 Exemptions.—
   82         (1) The following persons are not required to comply with
   83  any provisions of this part relating to mold assessment:
   84         (d) Persons or business organizations acting within the
   85  scope of the respective licenses required under part XV of this
   86  chapter, chapter 471, part I or part II of chapter 481, chapter
   87  482, or chapter 489 are acting on behalf of an insurer under
   88  part VI of chapter 626, or are persons in the manufactured
   89  housing industry who are licensed under chapter 320, except when
   90  any such persons or business organizations hold themselves out
   91  for hire to the public as a “certified mold assessor,”
   92  “registered mold assessor,” “licensed mold assessor,” “mold
   93  assessor,” “professional mold assessor,” or any combination
   94  thereof stating or implying licensure under this part.
   95         Section 8. Subsection (2) of section 468.8417, Florida
   96  Statutes, is amended to read:
   97         468.8417 Inactive license.—
   98         (2) A license that becomes has become inactive may be
   99  reactivated upon application to the department. The department
  100  may prescribe by rule continuing education requirements as a
  101  condition of reactivating a license. The rules may not require
  102  more than one renewal cycle of continuing education to
  103  reactivate requirements for reactivating a license may not
  104  exceed 14 hours for each year the license was inactive.
  105         Section 9. Subsection (4) of section 469.002, Florida
  106  Statutes, is amended to read:
  107         469.002 Exemptions.—
  108         (4) Licensure as an asbestos consultant or contractor is
  109  not required for the repair, maintenance, removal, or disposal
  110  of asbestos-containing pipe or conduit, if:
  111         (a) The pipe or conduit is used for electrical, electronic,
  112  communications, gas, sewer, or water service;
  113         (b) The pipe or conduit is not located in a building;
  114         (c) The pipe or conduit is made of Category I or Category
  115  II nonfriable material as defined in NESHAP; and
  116         (d) All such activities are performed according to all
  117  applicable regulations, including work practices and training,
  118  of the United States Occupational Safety and Health
  119  Administration under 29 C.F.R. part 1926.
  120         Section 10. Paragraph (t) of subsection (1) of section
  121  475.25, Florida Statutes, is amended to read:
  122         475.25 Discipline.—
  123         (1) The commission may deny an application for licensure,
  124  registration, or permit, or renewal thereof; may place a
  125  licensee, registrant, or permittee on probation; may suspend a
  126  license, registration, or permit for a period not exceeding 10
  127  years; may revoke a license, registration, or permit; may impose
  128  an administrative fine not to exceed $5,000 for each count or
  129  separate offense; and may issue a reprimand, and any or all of
  130  the foregoing, if it finds that the licensee, registrant,
  131  permittee, or applicant:
  132         (t) Has violated any standard of professional practice
  133  adopted by rule of the Florida Real Estate Appraisal Board,
  134  including standards for the development or communication of a
  135  real estate appraisal or other provision of the Uniform
  136  Standards of Professional Appraisal Practice, as defined in s.
  137  475.611, as approved and adopted by the Appraisal Standards
  138  Board of the Appraisal Foundation, as defined in s. 475.611.
  139  This paragraph does not apply to a real estate broker or sales
  140  associate who, in the ordinary course of business, performs a
  141  comparative market analysis, gives a broker price opinion, or
  142  gives an opinion of value of real estate. However, in no event
  143  may this comparative market analysis, broker price opinion, or
  144  opinion of value of real estate be referred to as an appraisal,
  145  as defined in s. 475.611.
  146         Section 11. Paragraph (e) of subsection (1) of section
  147  475.42, Florida Statutes, is repealed.
  148         Section 12. Paragraph (c) of subsection (2) of section
  149  475.451, Florida Statutes, is amended, and subsection (9) is
  150  added to that section, to read:
  151         475.451 Schools teaching real estate practice.—
  152         (2) An applicant for a permit to operate a proprietary real
  153  estate school, to be a chief administrator of a proprietary real
  154  estate school or a state institution, or to be an instructor for
  155  a proprietary real estate school or a state institution must
  156  meet the qualifications for practice set forth in s. 475.17(1)
  157  and the following minimal requirements:
  158         (c) “School instructor” means an individual who instructs
  159  persons in the classroom in noncredit college courses in a
  160  college, university, or community college or courses in a career
  161  center or proprietary real estate school.
  162         1. Before commencing to provide such instruction, the
  163  applicant must certify the applicant’s competency and obtain an
  164  instructor permit by meeting one of the following requirements:
  165         a. Hold a bachelor’s degree in a business-related subject,
  166  such as real estate, finance, accounting, business
  167  administration, or its equivalent and hold a valid broker’s
  168  license in this state.
  169         b. Hold a bachelor’s degree, have extensive real estate
  170  experience, as defined by rule, and hold a valid broker’s
  171  license in this state.
  172         c. Pass an instructor’s examination approved by the
  173  commission.
  174         2. Any requirement by the commission for a teaching
  175  demonstration or practical examination must apply to all school
  176  instructor applicants.
  177         3. The department shall renew an instructor permit upon
  178  receipt of a renewal application and fee. The renewal
  179  application shall include proof that the permitholder has, since
  180  the issuance or renewal of the current permit, successfully
  181  completed a minimum of 7 classroom or distance learning hours of
  182  instruction in real estate subjects or instructional techniques,
  183  as prescribed by the commission. The commission shall adopt
  184  rules providing for the renewal of instructor permits at least
  185  every 2 years. A Any permit that which is not renewed at the end
  186  of the permit period established by the department shall
  187  automatically reverts revert to involuntarily inactive status.
  188  
  189  The department may require an applicant to submit names of
  190  persons having knowledge concerning the applicant and the
  191  enterprise; may propound interrogatories to such persons and to
  192  the applicant concerning the character of the applicant,
  193  including the taking of fingerprints for processing through the
  194  Federal Bureau of Investigation; and shall make such
  195  investigation of the applicant or the school or institution as
  196  it may deem necessary to the granting of the permit. If an
  197  objection is filed, it shall be considered in the same manner as
  198  objections or administrative complaints against other applicants
  199  for licensure by the department.
  200         (9) A real estate school may offer any course through
  201  distance learning if the course complies with s. 475.17.
  202         Section 13. Paragraphs (c) and (d) of subsection (1) of
  203  section 475.611, Florida Statutes, are amended, present
  204  paragraphs (t) through (x) of subsection (1) are redesignated as
  205  paragraphs (u) through (y), respectively, and a new paragraph
  206  (t) is added to that subsection, to read:
  207         475.611 Definitions.—
  208         (1) As used in this part, the term:
  209         (c) “Appraisal management company” means a person who
  210  performs appraisal management services regardless of the use of
  211  the term “appraisal management company,” “appraiser
  212  cooperative,” “appraiser portal,” “mortgage technology company,”
  213  or other term.
  214         (d) “Appraisal management services” means the coordination
  215  or management of appraisal services for compensation by:
  216         1. Employing, contracting with, or otherwise retaining one
  217  or more licensed or certified appraisers to perform appraisal
  218  services for a client; or
  219         2. Acting as a broker or intermediary between a client and
  220  one or more licensed or certified appraisers to facilitate the
  221  client’s employing, contracting with, or otherwise retaining the
  222  appraisers.
  223         (t) “Subsidiary” means an organization that is owned and
  224  controlled by a financial institution that is regulated by a
  225  federal financial institution regulatory agency.
  226         Section 14. Subsection (5) of section 475.615, Florida
  227  Statutes, is amended to read:
  228         475.615 Qualifications for registration or certification.—
  229         (5) At the time of filing an application for registration
  230  or certification, the applicant must sign a pledge indicating
  231  that upon becoming registered or certified, she or he will
  232  comply with the standards of professional practice established
  233  by rule of the board, including standards for the development or
  234  communication of a real estate appraisal, to comply with the
  235  Uniform Standards of Professional Appraisal Practice upon
  236  registration or certification and must indicate in writing that
  237  she or he understands the types of misconduct for which
  238  disciplinary proceedings may be initiated. The application
  239  expires shall expire 1 year after the date received by the
  240  department.
  241         Section 15. Subsections (1), (2), and (3) of section
  242  475.617, Florida Statutes, are amended to read:
  243         475.617 Education and experience requirements.—
  244         (1) To be registered as a trainee appraiser, an applicant
  245  must present evidence satisfactory to the board that she or he
  246  has successfully completed at least 100 hours of approved
  247  academic courses in subjects related to real estate appraisal,
  248  which must shall include coverage of the Uniform Standards of
  249  Professional Appraisal Practice, or its equivalent, as
  250  established by rule of the board, from a nationally recognized
  251  or state-recognized appraisal organization, career center,
  252  accredited community college, college, or university, state or
  253  federal agency or commission, or proprietary real estate school
  254  that holds a permit pursuant to s. 475.451. The board may
  255  increase the required number of hours to not more than 125
  256  hours. A classroom hour is defined as 50 minutes out of each 60
  257  minute segment. Past courses may be approved on an hour-for-hour
  258  basis.
  259         (2) To be certified as a residential appraiser, an
  260  applicant must present satisfactory evidence to the board that
  261  she or he has met the minimum education and experience
  262  requirements prescribed by rule of the board. The board shall
  263  prescribe by rule education and experience requirements that
  264  meet or exceed the following real property appraiser
  265  qualification criteria adopted on February 20, 2004, by the
  266  Appraisal Qualifications Board of the Appraisal Foundation:
  267         (a) Has at least 2,500 hours of experience obtained over a
  268  24-month period in real property appraisal as defined by rule.
  269         (b) Has successfully completed at least 200 classroom
  270  hours, inclusive of examination, of approved academic courses in
  271  subjects related to real estate appraisal, which must shall
  272  include a 15-hour National Uniform Standards of Professional
  273  Appraisal Practice course, or its equivalent, as established by
  274  rule of the board, from a nationally recognized or state
  275  recognized appraisal organization, career center, accredited
  276  community college, college, or university, state or federal
  277  agency or commission, or proprietary real estate school that
  278  holds a permit pursuant to s. 475.451. A classroom hour is
  279  defined as 50 minutes out of each 60-minute segment. Past
  280  courses may be approved by the board and substituted on an hour
  281  for-hour basis.
  282         (3) To be certified as a general appraiser, an applicant
  283  must present evidence satisfactory to the board that she or he
  284  has met the minimum education and experience requirements
  285  prescribed by rule of the board. The board shall prescribe
  286  education and experience requirements that meet or exceed the
  287  following real property appraiser qualification criteria adopted
  288  on February 20, 2004, by the Appraisal Qualifications Board of
  289  the Appraisal Foundation:
  290         (a) Has at least 3,000 hours of experience obtained over a
  291  30-month period in real property appraisal as defined by rule.
  292         (b) Has successfully completed at least 300 classroom
  293  hours, inclusive of examination, of approved academic courses in
  294  subjects related to real estate appraisal, which must shall
  295  include a 15-hour National Uniform Standards of Professional
  296  Appraisal Practice course, or its equivalent, as established by
  297  rule of the board, from a nationally recognized or state
  298  recognized appraisal organization, career center, accredited
  299  community college, college, or university, state or federal
  300  agency or commission, or proprietary real estate school that
  301  holds a permit pursuant to s. 475.451. A classroom hour is
  302  defined as 50 minutes out of each 60-minute segment. Past
  303  courses may be approved by the board and substituted on an hour
  304  for-hour basis.
  305         Section 16. Subsection (4) of section 475.6171, Florida
  306  Statutes, is amended to read:
  307         475.6171 Issuance of registration or certification.—The
  308  registration or certification of an applicant may be issued upon
  309  receipt by the board of the following:
  310         (4) If required, proof of passing a written examination as
  311  specified in s. 475.616. No certification shall be issued based
  312  upon any examination results obtained more than 24 months after
  313  the date of examination.
  314         Section 17. Subsection (1) of section 475.6175, Florida
  315  Statutes, is amended to read:
  316         475.6175 Registered trainee appraiser; postlicensure
  317  education required.—
  318         (1) The board shall prescribe postlicensure educational
  319  requirements in order for a person to maintain a valid
  320  registration as a registered trainee appraiser. If prescribed,
  321  the postlicensure educational requirements consist of one or
  322  more courses which total no more than the total educational
  323  hours required to qualify as a state certified residential
  324  appraiser. Such courses must be in subjects related to real
  325  estate appraisal and must shall include coverage of the Uniform
  326  Standards of Professional Appraisal Practice, or its equivalent,
  327  as established by rule of the board. Such courses are provided
  328  by a nationally or state-recognized appraisal organization,
  329  career center, accredited community college, college, or
  330  university, state or federal agency or commission, or
  331  proprietary real estate school that holds a permit pursuant to
  332  s. 475.451.
  333         Section 18. Section 475.6235, Florida Statutes, is amended
  334  to read:
  335         475.6235 Registration of appraisal management companies
  336  required; exemptions.—
  337         (1) A person may not engage, or offer to engage, in
  338  appraisal management services for compensation in this state,
  339  advertise or represent herself or himself as an appraisal
  340  management company, or use the titles “appraisal management
  341  company,” “appraiser cooperative,” “appraiser portal,” or
  342  “mortgage technology company,” or any abbreviation or words to
  343  that effect, unless the person is registered with the department
  344  as an appraisal management company under this section. However,
  345  an employee of an appraisal management company is not required
  346  to obtain a separate registration.
  347         (2) An application for registration must be submitted to
  348  the department in the format prescribed by the department and
  349  must include, at a minimum, the following:
  350         (a) The firm or business name under which the appraisal
  351  management company conducts business in this state. The
  352  appraisal management company must notify the department of any
  353  change in the firm or business name, on a form provided by the
  354  department, within 10 days after such change.
  355         (b) The mailing address, street address, and telephone
  356  number of the appraisal management company’s principal business
  357  location. The appraisal management company must notify the
  358  department of any change in the mailing or street address, on a
  359  form provided by the department, within 10 days after such
  360  change.
  361         (c) The appraisal management company’s federal employer
  362  identification number.
  363         (d) The appraisal management company’s type of business
  364  organization, such as a corporation, partnership, limited
  365  liability company, or sole proprietorship.
  366         (e) A statement as to whether the appraisal management
  367  company, if incorporated, is a domestic or foreign corporation,
  368  the company’s date of incorporation, the state in which the
  369  company was incorporated, its charter number, and, if it is a
  370  foreign corporation, the date that the company first registered
  371  with the Department of State to conduct business in this state.
  372         (f) The full name, street address, telephone number,
  373  corporate title, and social security number or federal employer
  374  identification number of any person who possesses the authority,
  375  directly or indirectly, to direct the management or policies of
  376  the appraisal management company, whether through ownership, by
  377  contract, or otherwise, including, but not limited to:
  378         1. Each officer and director if the appraisal management
  379  company is a corporation.
  380         2. Each general partner if the appraisal management company
  381  is a partnership.
  382         3. Each manager or managing member if the appraisal
  383  management company is a limited liability company.
  384         4. The owner if the appraisal management company is a sole
  385  proprietorship.
  386         5. Each other person who, directly or indirectly, owns or
  387  controls 10 percent or more of an ownership interest in the
  388  appraisal management company.
  389         (g) The firm or business name under which any person listed
  390  in paragraph (f) conducted business as an appraisal management
  391  company within the 5 years preceding the date of the
  392  application.
  393         (h) The appraisal management company’s registered agent for
  394  service of process in this state.
  395         (3) Appropriate fees, as set forth in the rules of the
  396  board pursuant to s. 475.6147, and a complete set of
  397  fingerprints for each person listed in paragraph (2)(f) must
  398  accompany all applications for registration. The fingerprints
  399  shall be forwarded to the Division of Criminal Justice
  400  Information Systems within the Department of Law Enforcement for
  401  purposes of processing the fingerprints to determine whether the
  402  person has a criminal history record. The fingerprints shall
  403  also be forwarded to the Federal Bureau of Investigation for
  404  purposes of processing the fingerprints to determine whether the
  405  person has a criminal history record. The information obtained
  406  by the processing of fingerprints by the Department of Law
  407  Enforcement and the Federal Bureau of Investigation shall be
  408  sent to the department for the purpose of determining whether
  409  the appraisal management company is statutorily qualified for
  410  registration.
  411         (4) At the time of filing an application for registration
  412  of an appraisal management company, each person listed in
  413  paragraph (2)(f) must sign a pledge to comply with applicable
  414  standards of professional practice established by rule of the
  415  board, including standards for the development or communication
  416  of a real estate appraisal, the Uniform Standards of
  417  Professional Appraisal Practice upon registration and must
  418  indicate in writing that she or he understands the types of
  419  misconduct for which disciplinary proceedings may be initiated.
  420  The application expires shall expire 1 year after the date
  421  received.
  422         (5) Each person listed in paragraph (2)(f) must be
  423  competent and qualified to engage in appraisal management
  424  services with safety to the general public and those with whom
  425  the person may undertake a relationship of trust and confidence.
  426  If any person listed in paragraph (2)(f) has been denied
  427  registration, licensure, or certification as an appraiser or has
  428  been disbarred, or if the person’s registration, license, or
  429  certificate to practice or conduct any regulated profession,
  430  business, or vocation has been revoked or suspended by this or
  431  any other state, any nation, any possession or district of the
  432  United States, or any court or lawful agency thereof because of
  433  any conduct or practices that would have warranted a like result
  434  under this part, or if the person has been guilty of conduct or
  435  practices in this state or elsewhere that would have been
  436  grounds for disciplining her or his registration, license, or
  437  certification under this part had the person then been a
  438  registered trainee appraiser or a licensed or certified
  439  appraiser, the person shall be deemed not to be qualified
  440  unless, because of lapse of time and subsequent good conduct and
  441  reputation, or other reason deemed sufficient, it appears to the
  442  board that the interest of the public is not likely to be
  443  endangered by the granting of registration.
  444         (6) An applicant seeking to become registered under this
  445  part as an appraisal management company may not be rejected
  446  solely by virtue of membership or lack of membership of any
  447  person listed in paragraph (2)(f) or any employee of the company
  448  in any particular appraisal organization.
  449         (7) An applicant for registration who is not a resident of
  450  the state shall file an irrevocable consent that suits and
  451  actions may be commenced against the appraisal management
  452  company in any county of the state in which a plaintiff having a
  453  cause of action or suit against the company resides and that
  454  service of any process or pleading in suits or actions against
  455  the company may be made by delivering the process or pleading to
  456  the director of the Division of Real Estate by certified mail,
  457  return receipt requested, and also to the appraisal management
  458  company by registered mail addressed to the company’s designated
  459  principal business location or, if its principal business
  460  location is located in this state, to the company’s registered
  461  agent. Service, when so made, must be taken and held in all
  462  courts to be as valid and binding upon the appraisal management
  463  company as if made upon the company in this state within the
  464  jurisdiction of the court in which the suit or action is filed.
  465  The irrevocable consent must be in a form prescribed by the
  466  department and be acknowledged before a notary public.
  467         (8) The department shall renew the registration of an
  468  appraisal management company upon receipt of the renewal
  469  application and the proper fee. The department shall adopt rules
  470  establishing a procedure for renewal of the registration of an
  471  appraisal management company at least every 4 years.
  472         (9) This section does not apply to:
  473         (a) A financial institution, as defined in s. 655.005,
  474  which owns and operates an internal appraisal office, business
  475  unit, or department; or
  476         (b) An appraisal management company that is a subsidiary
  477  owned and controlled by a financial institution, as defined in
  478  s. 655.005, regulated by a federal financial institution
  479  regulatory agency.
  480         Section 19. Subsection (14) of section 475.624, Florida
  481  Statutes, is amended to read:
  482         475.624 Discipline of appraisers.—The board may deny an
  483  application for registration or certification of an appraiser;
  484  may investigate the actions of any appraiser registered,
  485  licensed, or certified under this part; may reprimand or impose
  486  an administrative fine not to exceed $5,000 for each count or
  487  separate offense against any such appraiser; and may revoke or
  488  suspend, for a period not to exceed 10 years, the registration,
  489  license, or certification of any such appraiser, or place any
  490  such appraiser on probation, if the board finds that the
  491  registered trainee, licensee, or certificateholder:
  492         (14) Has violated any standard of professional practice
  493  established by rule of the board, including standards for the
  494  development or communication of a real estate appraisal or other
  495  provision of the Uniform Standards of Professional Appraisal
  496  Practice.
  497         Section 20. Paragraph (n) of subsection (1) of section
  498  475.6245, Florida Statutes, is amended to read:
  499         475.6245 Discipline of appraisal management companies.—
  500         (1) The board may deny an application for registration of
  501  an appraisal management company; may investigate the actions of
  502  any appraisal management company registered under this part; may
  503  reprimand or impose an administrative fine not to exceed $5,000
  504  for each count or separate offense against any such appraisal
  505  management company; and may revoke or suspend, for a period not
  506  to exceed 10 years, the registration of any such appraisal
  507  management company, or place any such appraisal management
  508  company on probation, if the board finds that the appraisal
  509  management company or any person listed in s. 475.6235(2)(f):
  510         (n) Has instructed an appraiser to violate any standard of
  511  professional practice established by rule of the board,
  512  including standards for the development or communication of a
  513  real estate appraisal or other provision of the Uniform
  514  Standards of Professional Appraisal Practice.
  515         Section 21. Paragraphs (b) and (c) of subsection (1) of
  516  section 475.626, Florida Statutes, are repealed.
  517         Section 22. Section 475.628, Florida Statutes, is amended
  518  to read:
  519         475.628 Professional standards for appraisers registered,
  520  licensed, or certified under this part.— The board shall adopt
  521  rules establishing standards of professional practice which meet
  522  or exceed nationally recognized standards of appraisal practice,
  523  including standards adopted by the Appraisal Standards Board of
  524  the Appraisal Foundation. Each appraiser registered, licensed,
  525  or certified under this part must shall comply with the rules
  526  Uniform Standards of Professional Appraisal Practice. Statements
  527  on appraisal standards which may be issued for the purpose of
  528  clarification, interpretation, explanation, or elaboration
  529  through the Appraisal Foundation are shall also be binding on
  530  any appraiser registered, licensed, or certified under this
  531  part, upon adoption by rule of the board.
  532         Section 23. Paragraph (b) of subsection (1) of section
  533  476.194, Florida Statutes, is repealed.
  534         Section 24. Subsection (2) of section 477.0212, Florida
  535  Statutes, is amended to read:
  536         477.0212 Inactive status.—
  537         (2) The board shall adopt promulgate rules relating to
  538  licenses that which have become inactive and for the renewal of
  539  inactive licenses. The rules may not require more than one
  540  renewal cycle of continuing education to reactivate a license.
  541  The board shall prescribe by rule a fee not to exceed $50 for
  542  the reactivation of an inactive license and a fee not to exceed
  543  $50 for the renewal of an inactive license.
  544         Section 25. Paragraph (c) of subsection (1) of section
  545  477.0265, Florida Statutes, is repealed.
  546         Section 26. Subsection (1) of section 481.209, Florida
  547  Statutes, is amended to read:
  548         481.209 Examinations.—
  549         (1) A person desiring to be licensed as a registered
  550  architect by initial examination shall apply to the department,
  551  complete to take the licensure examination. The department shall
  552  administer the licensure examination for architects to each
  553  applicant who the board certifies:
  554         (a) Has completed the application form, and remit remitted
  555  a nonrefundable application fee. The department shall license
  556  any applicant who the board certifies: and an examination fee
  557  which is refundable if the applicant is found to be ineligible
  558  to take the examination;
  559         (a) Has passed the licensure examination prescribed by
  560  board rule; and
  561         (b)1. Is a graduate of a school or college of architecture
  562  with a program accredited by the National Architectural
  563  Accreditation Board.; or
  564         2. Is a graduate of an approved architectural curriculum,
  565  evidenced by a degree from an unaccredited school or college of
  566  architecture approved by the board. The board shall adopt rules
  567  providing for the review and approval of unaccredited schools
  568  and colleges of architecture and courses of architectural study
  569  based on a review and inspection by the board of the curriculum
  570  of accredited schools and colleges of architecture in the United
  571  States; and
  572         (c) Has completed, prior to examination, 1 year of the
  573  internship experience required by s. 481.211(1).
  574         Section 27. Section 481.211, Florida Statutes, is amended
  575  to read:
  576         481.211 Architecture internship required.—
  577         (1) An applicant for licensure as a registered architect
  578  shall complete, before prior to licensure, an internship of
  579  diversified architectural experience approved by the board,
  580  which meets the requirements set forth by rule in the design and
  581  construction of structures which have as their principal purpose
  582  human habitation or use. The internship shall be for a period
  583  of:
  584         (a) Three years for an applicant holding the degree of
  585  Bachelor of Architecture; or
  586         (b) Two years for an applicant holding the professional
  587  degree of Master of Architecture.
  588         (2) Each applicant for licensure shall complete 1 year of
  589  the internship experience required by this section subsequent to
  590  graduation from a school or college of architecture as defined
  591  in s. 481.209(1).
  592         Section 28. Subsection (3) of section 481.213, Florida
  593  Statutes, is amended to read:
  594         481.213 Licensure.—
  595         (3) The board shall certify as qualified for a license by
  596  endorsement as an architect or as an interior designer an
  597  applicant who:
  598         (a) Qualifies to take the prescribed licensure examination,
  599  and has passed the prescribed licensure examination or a
  600  substantially equivalent examination in another jurisdiction, as
  601  set forth in s. 481.209 for architects or interior designers, as
  602  applicable, and has satisfied the internship requirements set
  603  forth in s. 481.211 for architects;
  604         (b) Holds a valid license to practice architecture or
  605  interior design issued by another jurisdiction of the United
  606  States, if the criteria for issuance of such license were
  607  substantially equivalent to the licensure criteria that existed
  608  in this state at the time the license was issued; provided,
  609  however, that an applicant who has been licensed for use of the
  610  title “interior design” rather than licensed to practice
  611  interior design shall not qualify hereunder; or
  612         (c) Has passed the prescribed licensure examination and
  613  holds a valid certificate issued by the National Council of
  614  Architectural Registration Boards, and holds a valid license to
  615  practice architecture issued by another state or jurisdiction of
  616  the United States. An applicant who has passed the prescribed
  617  licensure examination and holds a valid license to practice
  618  architecture issued by another state, but who does not hold a
  619  certificate, may be licensed if he or she:
  620         1. Holds a minimum 4-year degree;
  621         2. Has maintained an architect license in good standing for
  622  a minimum of 10 years;
  623         3. Has been a continuous resident of this state for a
  624  minimum of 10 years; and
  625         4. Presents evidence of satisfactory completion of the
  626  continuing education requirements for renewal of an architect
  627  license for the biennium ending February, 2013. This exception
  628  to the requirement that an applicant hold a valid certificate
  629  issued by the National Council of Architectural Registration
  630  Boards expires March 1, 2013. For the purposes of this
  631  paragraph, any applicant licensed in another state or
  632  jurisdiction after June 30, 1984, must also hold a degree in
  633  architecture and such degree must be equivalent to that required
  634  in s. 481.209(1)(b). Also for the purposes of this paragraph,
  635  any applicant licensed in another state or jurisdiction after
  636  June 30, 1985, must have completed an internship equivalent to
  637  that required by s. 481.211 and any rules adopted with respect
  638  thereto.
  639         Section 29. Section 481.217, Florida Statutes, is amended
  640  to read:
  641         481.217 Inactive status.—
  642         (1) The board may prescribe by rule continuing education
  643  requirements as a condition of reactivating a license. The rules
  644  may not require more than one renewal cycle of continuing
  645  education to reactivate requirements for reactivating a license
  646  for a registered architect or interior designer may not exceed
  647  12 contact hours for each year the license was inactive. For
  648  interior design, The minimum continuing education requirement
  649  for reactivating a license for a registered interior designer
  650  shall be those of the most recent biennium plus one-half of the
  651  requirements in s. 481.215 for each year or part thereof during
  652  which the license was inactive. the board may shall only approve
  653  only continuing education that builds upon the basic knowledge
  654  of interior design.
  655         (2) The board shall adopt rules relating to application
  656  procedures for inactive status and for the reactivation of
  657  inactive licenses.
  658         Section 30. Section 481.315, Florida Statutes, is amended
  659  to read:
  660         481.315 Inactive status.—
  661         (1) A license that has become inactive or delinquent may be
  662  reactivated under this section upon application to the
  663  department and payment of any applicable biennial renewal or
  664  delinquency fee, or both, and a reactivation fee. The board may
  665  not require a licensee to complete more than one renewal cycle
  666  of continuing education requirements. The board may prescribe by
  667  rule continuing education requirements as a condition of
  668  reactivating the license. The continuing education requirements
  669  for reactivating a license may not exceed 12 classroom hours for
  670  each year the license was inactive.
  671         (2) The board shall adopt rules relating to application
  672  procedures for inactive status and for the reactivation of
  673  inactive licenses.
  674         Section 31. Subsections (3) and (6) of section 489.116,
  675  Florida Statutes, are amended to read:
  676         489.116 Inactive and delinquent status; renewal and
  677  cancellation notices.—
  678         (3) An inactive status certificateholder or registrant may
  679  change to active status at any time, if provided the
  680  certificateholder or registrant meets all requirements for
  681  active status, pays any additional licensure fees necessary to
  682  equal those imposed on an active status certificateholder or
  683  registrant, and pays any applicable late fees, and meets all
  684  continuing education requirements prescribed by the board.
  685         (6) The board may not require an inactive certificateholder
  686  or registrant to complete more than one renewal cycle of shall
  687  comply with the same continuing education for reactivating a
  688  certificate or registration requirements, if any, that are
  689  imposed on an active status certificateholder or registrant.
  690         Section 32. Subsection (1) of section 489.519, Florida
  691  Statutes, is amended to read:
  692         489.519 Inactive status.—
  693         (1) A certificate or registration that becomes has become
  694  inactive may be reactivated under s. 489.517 upon application to
  695  the department. The board may not require a licensee to complete
  696  more than one renewal cycle of prescribe, by rule, continuing
  697  education to reactivate requirements as a condition of
  698  reactivating a certificate or registration. The continuing
  699  education requirements for reactivating a certificate or
  700  registration may not exceed 12 classroom hours for each year the
  701  certificate or registration was inactive.
  702         Section 33. Subsections (17), (19), (20), and (43), and
  703  paragraph (a) of subsection (54) of section 499.003, Florida
  704  Statutes, are amended to read:
  705         499.003 Definitions of terms used in this part.—As used in
  706  this part, the term:
  707         (17) “Distribute” or “distribution” means to sell; offer to
  708  sell; give away; transfer, whether by passage of title, physical
  709  movement, or both; deliver; or offer to deliver. The term does
  710  not mean to administer or dispense and does not include the
  711  billing and invoicing activities that commonly follow a
  712  wholesale distribution transaction.
  713         (19) “Drug” means an article that is:
  714         (a) Recognized in the current edition of the United States
  715  Pharmacopoeia and National Formulary, official Homeopathic
  716  Pharmacopoeia of the United States, or any supplement to any of
  717  those publications;
  718         (b) Intended for use in the diagnosis, cure, mitigation,
  719  treatment, therapy, or prevention of disease in humans or other
  720  animals;
  721         (c) Intended to affect the structure or any function of the
  722  body of humans or other animals; or
  723         (d) Intended for use as a component of any article
  724  specified in paragraph (a), paragraph (b), or paragraph (c), and
  725  includes active pharmaceutical ingredients, but does not include
  726  devices or their nondrug components, parts, or accessories. For
  727  purposes of this paragraph, an “active pharmaceutical
  728  ingredient” includes any substance or mixture of substances
  729  intended, represented, or labeled for use in drug manufacturing
  730  that furnishes or is intended to furnish, in a finished dosage
  731  form, any pharmacological activity or other direct effect in the
  732  diagnosis, cure, mitigation, treatment, therapy, or prevention
  733  of disease in humans or other animals, or to affect the
  734  structure or any function of the body of humans or other
  735  animals.
  736         (20) “Establishment” means a place of business which is at
  737  one general physical location and may extend to one or more
  738  contiguous suites, units, floors, or buildings operated and
  739  controlled exclusively by entities under common operation and
  740  control. Where multiple buildings are under common exclusive
  741  ownership, operation, and control, an intervening thoroughfare
  742  does not affect the contiguous nature of the buildings. For
  743  purposes of permitting, each suite, unit, floor, or building
  744  must be identified in the most recent permit application.
  745         (43) “Prescription drug” means a prescription, medicinal,
  746  or legend drug, including, but not limited to, finished dosage
  747  forms or active pharmaceutical ingredients subject to, defined
  748  by, or described by s. 503(b) of the Federal Food, Drug, and
  749  Cosmetic Act or s. 465.003(8), s. 499.007(13), or subsection
  750  (11), subsection (46), or subsection (53), except that an active
  751  pharmaceutical ingredient is a prescription drug only if
  752  substantially all finished dosage forms in which it may be
  753  lawfully dispensed or administered in this state are also
  754  prescription drugs.
  755         (54) “Wholesale distribution” means distribution of
  756  prescription drugs to persons other than a consumer or patient,
  757  but does not include:
  758         (a) Any of the following activities, which is not a
  759  violation of s. 499.005(21) if such activity is conducted in
  760  accordance with s. 499.01(2)(g):
  761         1. The purchase or other acquisition by a hospital or other
  762  health care entity that is a member of a group purchasing
  763  organization of a prescription drug for its own use from the
  764  group purchasing organization or from other hospitals or health
  765  care entities that are members of that organization.
  766         2. The sale, purchase, or trade of a prescription drug or
  767  an offer to sell, purchase, or trade a prescription drug by a
  768  charitable organization described in s. 501(c)(3) of the
  769  Internal Revenue Code of 1986, as amended and revised, to a
  770  nonprofit affiliate of the organization to the extent otherwise
  771  permitted by law.
  772         3. The sale, purchase, or trade of a prescription drug or
  773  an offer to sell, purchase, or trade a prescription drug among
  774  hospitals or other health care entities that are under common
  775  control. For purposes of this subparagraph, “common control”
  776  means the power to direct or cause the direction of the
  777  management and policies of a person or an organization, whether
  778  by ownership of stock, by voting rights, by contract, or
  779  otherwise.
  780         4. The sale, purchase, trade, or other transfer of a
  781  prescription drug from or for any federal, state, or local
  782  government agency or any entity eligible to purchase
  783  prescription drugs at public health services prices pursuant to
  784  Pub. L. No. 102-585, s. 602 to a contract provider or its
  785  subcontractor for eligible patients of the agency or entity
  786  under the following conditions:
  787         a. The agency or entity must obtain written authorization
  788  for the sale, purchase, trade, or other transfer of a
  789  prescription drug under this subparagraph from the State Surgeon
  790  General or his or her designee.
  791         b. The contract provider or subcontractor must be
  792  authorized by law to administer or dispense prescription drugs.
  793         c. In the case of a subcontractor, the agency or entity
  794  must be a party to and execute the subcontract.
  795         d. A contract provider or subcontractor must maintain
  796  separate and apart from other prescription drug inventory any
  797  prescription drugs of the agency or entity in its possession.
  798         d.e. The contract provider and subcontractor must maintain
  799  and produce immediately for inspection all records of movement
  800  or transfer of all the prescription drugs belonging to the
  801  agency or entity, including, but not limited to, the records of
  802  receipt and disposition of prescription drugs. Each contractor
  803  and subcontractor dispensing or administering these drugs must
  804  maintain and produce records documenting the dispensing or
  805  administration. Records that are required to be maintained
  806  include, but are not limited to, a perpetual inventory itemizing
  807  drugs received and drugs dispensed by prescription number or
  808  administered by patient identifier, which must be submitted to
  809  the agency or entity quarterly.
  810         e.f. The contract provider or subcontractor may administer
  811  or dispense the prescription drugs only to the eligible patients
  812  of the agency or entity or must return the prescription drugs
  813  for or to the agency or entity. The contract provider or
  814  subcontractor must require proof from each person seeking to
  815  fill a prescription or obtain treatment that the person is an
  816  eligible patient of the agency or entity and must, at a minimum,
  817  maintain a copy of this proof as part of the records of the
  818  contractor or subcontractor required under sub-subparagraph d
  819  sub-subparagraph e.
  820         f.g. In addition to the departmental inspection authority
  821  set forth in s. 499.051, the establishment of the contract
  822  provider and subcontractor and all records pertaining to
  823  prescription drugs subject to this subparagraph shall be subject
  824  to inspection by the agency or entity. All records relating to
  825  prescription drugs of a manufacturer under this subparagraph
  826  shall be subject to audit by the manufacturer of those drugs,
  827  without identifying individual patient information.
  828         Section 34. Paragraphs (c) and (e) of subsection (2) of
  829  section 499.01, Florida Statutes, are amended, and subsections
  830  (3), (4), and (5) are added to that section, to read:
  831         499.01 Permits.—
  832         (2) The following permits are established:
  833         (c) Nonresident prescription drug manufacturer permit.—A
  834  nonresident prescription drug manufacturer permit is required
  835  for any person that is a manufacturer of prescription drugs,
  836  unless permitted as a third party logistics provider, located
  837  outside of this state or outside the United States and that
  838  engages in the wholesale distribution in this state of such
  839  prescription drugs. Each such manufacturer must be permitted by
  840  the department and comply with all of the provisions required of
  841  a wholesale distributor under this part, except s. 499.01212.
  842         1. A person that distributes prescription drugs for which
  843  the person is not the manufacturer must also obtain an out-of
  844  state prescription drug wholesale distributor permit or third
  845  party logistics provider permit pursuant to this section to
  846  engage in the wholesale distribution of such prescription drugs.
  847  This subparagraph does not apply to a manufacturer as defined in
  848  s. 499.003(31)(e).
  849         2. Any such person must comply with the licensing or
  850  permitting requirements of the jurisdiction in which the
  851  establishment is located and the federal act, and any product
  852  wholesaled into this state must comply with this part. If a
  853  person intends to import prescription drugs from a foreign
  854  country into this state, the nonresident prescription drug
  855  manufacturer must provide to the department a list identifying
  856  each prescription drug it intends to import and document
  857  approval by the United States Food and Drug Administration for
  858  such importation.
  859         3. A nonresident prescription drug manufacturer permit is
  860  not required for a manufacturer to distribute a prescription
  861  drug active pharmaceutical ingredient that it manufactures to a
  862  prescription drug manufacturer permitted in this state in
  863  limited quantities intended for research and development and not
  864  for resale, or human use other than lawful clinical trials and
  865  biostudies authorized and regulated by federal law. A
  866  manufacturer claiming to be exempt from the permit requirements
  867  of this subparagraph and the prescription drug manufacturer
  868  purchasing and receiving the active pharmaceutical ingredient
  869  shall comply with the recordkeeping requirements of s.
  870  499.0121(6), but not the requirements of s. 499.01212. The
  871  prescription drug manufacturer purchasing and receiving the
  872  active pharmaceutical ingredient shall maintain on file a record
  873  of the FDA registration number; the out-of-state license,
  874  permit, or registration number; and, if available, a copy of the
  875  most current FDA inspection report, for all manufacturers from
  876  whom they purchase active pharmaceutical ingredients under this
  877  section. The department shall specify by rule the allowable
  878  number of transactions within a given period of time and the
  879  amount of active pharmaceutical ingredients that qualify as
  880  limited quantities for purposes of this exemption. The failure
  881  to comply with the requirements of this subparagraph, or rules
  882  adopted by the department to administer this subparagraph, for
  883  the purchase of prescription drug active pharmaceutical
  884  ingredients is a violation of s. 499.005(14).
  885         (e) Out-of-state prescription drug wholesale distributor
  886  permit.—An out-of-state prescription drug wholesale distributor
  887  is a wholesale distributor located outside this state which
  888  engages in the wholesale distribution of prescription drugs into
  889  this state and which must be permitted by the department and
  890  comply with all the provisions required of a wholesale
  891  distributor under this part. An out-of-state prescription drug
  892  wholesale distributor that applies to the department for a new
  893  permit or the renewal of a permit must submit a bond of
  894  $100,000, or other equivalent means of security acceptable to
  895  the department, such as an irrevocable letter of credit or a
  896  deposit in a trust account or financial institution, payable to
  897  the Florida Drug, Device, and Cosmetic Trust Fund. The purpose
  898  of the bond is to secure payment of any administrative penalties
  899  imposed by the department and any fees and costs incurred by the
  900  department regarding that permit which are authorized under
  901  state law and which the permittee fails to pay 30 days after the
  902  fine or costs become final. The department may make a claim
  903  against such bond or security until 1 year after the permittee’s
  904  license ceases to be valid or until 60 days after any
  905  administrative or legal proceeding authorized in this part which
  906  involves the permittee is concluded, including any appeal,
  907  whichever occurs later.
  908         1. The out-of-state prescription drug wholesale distributor
  909  must maintain at all times a license or permit to engage in the
  910  wholesale distribution of prescription drugs in compliance with
  911  laws of the state in which it is a resident.
  912         2. An out-of-state prescription drug wholesale distributor
  913  permit is not required for an intracompany sale or transfer of a
  914  prescription drug from an out-of-state establishment that is
  915  duly licensed as a prescription drug wholesale distributor, in
  916  its state of residence, to a licensed prescription drug
  917  wholesale distributor in this state, if both wholesale
  918  distributors conduct wholesale distributions of prescription
  919  drugs under the same business name. The recordkeeping
  920  requirements of ss. 499.0121(6) and 499.01212 must be followed
  921  for this transaction.
  922         (3)A nonresident prescription drug manufacturer permit is
  923  not required for a manufacturer to distribute a prescription
  924  drug active pharmaceutical ingredient that it manufactures to a
  925  prescription drug manufacturer permitted in this state in
  926  limited quantities intended for research and development and not
  927  for resale or human use other than lawful clinical trials and
  928  biostudies authorized and regulated by federal law. A
  929  manufacturer claiming to be exempt from the permit requirements
  930  of this paragraph and the prescription drug manufacturer
  931  purchasing and receiving the active pharmaceutical ingredient
  932  shall comply with the recordkeeping requirements of s.
  933  499.0121(6), but not the requirements of s. 499.01212. The
  934  prescription drug manufacturer purchasing and receiving the
  935  active pharmaceutical ingredient shall maintain on file a record
  936  of the FDA registration number; if available, the out-of-state
  937  license, permit, or registration number; and, if available, a
  938  copy of the most current FDA inspection report, for all
  939  manufacturers from whom they purchase active pharmaceutical
  940  ingredients under this section. The department shall define the
  941  term “limited quantities” by rule, and may include the allowable
  942  number of transactions within a given period of time and the
  943  amount of prescription drugs distributed into the state for
  944  purposes of this exemption. The failure to comply with the
  945  requirements of this paragraph, or rules adopted by the
  946  department to administer this paragraph, for the purchase of
  947  prescription drug active pharmaceutical ingredients is a
  948  violation of s. 499.005(14), and a knowing failure is a
  949  violation of s. 499.0051(4).
  950         (4)(a) A permit issued under this part is not required to
  951  distribute a prescription drug active pharmaceutical ingredient
  952  from an establishment located in the United States to an
  953  establishment located in this state permitted as a prescription
  954  drug manufacturer under this part for use by the recipient in
  955  preparing, deriving, processing, producing, or fabricating a
  956  prescription drug finished dosage form at the establishment in
  957  this state where the product is received under an approved and
  958  otherwise valid New Drug Approval Application, Abbreviated New
  959  Drug Application, New Animal Drug Application, or Therapeutic
  960  Biologic Application, provided that the application, active
  961  pharmaceutical ingredient, or finished dosage form has not been
  962  withdrawn or removed from the market in this country for public
  963  health reasons.
  964         1. Any distributor claiming exemption from permitting
  965  requirements pursuant to this paragraph shall maintain a
  966  license, permit, or registration to engage in the wholesale
  967  distribution of prescription drugs under the laws of the state
  968  from which the product is distributed.
  969         2. Any distributor claiming exemption from permitting
  970  requirements pursuant to this paragraph and the prescription
  971  drug manufacturer purchasing and receiving the active
  972  pharmaceutical ingredient shall comply with the recordkeeping
  973  requirements of s. 499.0121(6), but not the requirements of s.
  974  499.01212.
  975         (b) A permit issued under this part is not required to
  976  distribute limited quantities of a prescription drug that has
  977  not been repackaged from an establishment located in the United
  978  States to an establishment located in this state permitted as a
  979  prescription drug manufacturer under this part for research and
  980  development or to a holder of a letter of exemption issued by
  981  the department under s. 499.03(4) for research, teaching, or
  982  testing. The department shall define “limited quantities” by
  983  rule and may include the allowable number of transactions within
  984  a given period of time and the amounts of prescription drugs
  985  distributed into the state for purposes of this exemption.
  986         1. Any distributor claiming exemption from permitting
  987  requirements pursuant to this paragraph shall maintain a
  988  license, permit, or registration to engage in the wholesale
  989  distribution of prescription drugs under the laws of the state
  990  from which the product is distributed.
  991         2. All purchasers and recipients of any prescription drugs
  992  distributed pursuant to this paragraph shall ensure that the
  993  products are not resold or used, directly or indirectly, on
  994  humans except in lawful clinical trials and biostudies
  995  authorized and regulated by federal law.
  996         3. Any distributor claiming exemption from permitting
  997  requirements pursuant to this paragraph, and the purchaser and
  998  recipient of the prescription drug, shall comply with the
  999  recordkeeping requirements of s. 499.0121(6), but not the
 1000  requirements of s. 499.01212.
 1001         4. The immediate package or container of any active
 1002  pharmaceutical ingredient distributed into the state that is
 1003  intended for teaching, testing, research, and development shall
 1004  bear a label prominently displaying the statement: “Caution:
 1005  Research, Teaching, or Testing Only – Not for Manufacturing,
 1006  Compounding, or Resale.”
 1007         (c) An out-of-state prescription drug wholesale distributor
 1008  permit is not required for an intracompany sale or transfer of a
 1009  prescription drug from an out-of-state establishment that is
 1010  duly licensed as a prescription drug wholesale distributor in
 1011  its state of residence to a licensed prescription drug wholesale
 1012  distributor in this state, if both wholesale distributors
 1013  conduct wholesale distributions of prescription drugs under the
 1014  same business name. The recordkeeping requirements of ss.
 1015  499.0121(6) and 499.01212 must be followed for such
 1016  transactions.
 1017         (d) Persons receiving prescription drugs from a source
 1018  claimed to be exempt from permitting requirements under this
 1019  subsection shall maintain on file:
 1020         1. A record of the FDA establishment registration number,
 1021  if any;
 1022         2. The resident state prescription drug wholesale
 1023  distribution license, permit, or registration number; and
 1024         3. A copy of the most recent resident state or FDA
 1025  inspection report, for all distributors and establishments whom
 1026  they purchase or receive prescription drugs under this
 1027  subsection.
 1028         (e) All persons claiming exemption from permitting
 1029  requirements pursuant to this subsection who engage in the
 1030  distribution of prescription drugs within or into the state are
 1031  subject to this part, including ss. 499.005 and 499.0051, and
 1032  shall make available, within 48 hours, to the department on
 1033  request all records related to any prescription drugs
 1034  distributed under this subsection, including those records
 1035  described in s. 499.051(4), regardless of the location where the
 1036  records are stored.
 1037         (f) A person purchasing and receiving a prescription drug
 1038  from a person claimed to be exempt from licensing requirements
 1039  pursuant to this subsection shall report to the department in
 1040  writing within 14 days after receiving any product that is
 1041  misbranded or adulterated or that fails to meet minimum
 1042  standards set forth in the official compendium or state or
 1043  federal good manufacturing practices for identity, purity,
 1044  potency, or sterility, regardless of whether the product is
 1045  thereafter rehabilitated, quarantined, returned, or destroyed.
 1046         (g) The department may adopt rules to administer this
 1047  subsection which are necessary for the protection of the public
 1048  health, safety, and welfare. Failure to comply with the
 1049  requirements of this subsection, or rules adopted by the
 1050  department to administer this subsection, is a violation of s.
 1051  499.005(14), and a knowing failure is a violation of s.
 1052  499.0051(4).
 1053         (h) This subsection does not relieve any person from any
 1054  requirement prescribed by law with respect to controlled
 1055  substances as defined in the applicable federal and state laws.
 1056         (5)A prescription drug repackager permit issued under this
 1057  part is not required for a restricted prescription drug
 1058  distributor permitholder that is a health care entity to
 1059  repackage prescription drugs in this state for its own use or
 1060  for distribution to hospitals or other health care entities in
 1061  the state for their own use, pursuant to s. 499.003(54)(a)3.,
 1062  if:
 1063         (a)The prescription drug distributor notifies the
 1064  department, in writing, of its intention to engage in
 1065  repackaging under this exemption, 30 days before engaging in the
 1066  repackaging of prescription drugs at the permitted
 1067  establishment;
 1068         (b)The prescription drug distributor is under common
 1069  control with the hospitals or other health care entities to
 1070  which the prescription drug distributor is distributing
 1071  prescription drugs. As used in this paragraph, “common control”
 1072  means the power to direct or cause the direction of the
 1073  management and policies of a person or an organization, whether
 1074  by ownership of stock, voting rights, contract, or otherwise;
 1075         (c)The prescription drug distributor repackages the
 1076  prescription drugs in accordance with current state and federal
 1077  good manufacturing practices; and
 1078         (d)The prescription drug distributor labels the
 1079  prescription drug it repackages in accordance with state and
 1080  federal laws and rules.
 1081  
 1082  The prescription drug distributor is exempt from the product
 1083  registration requirements of s. 499.015, with regard to the
 1084  prescription drugs that it repackages and distributes under this
 1085  subsection.
 1086         Section 35. Section 565.07, Florida Statutes, is amended to
 1087  read:
 1088         565.07 Sale or consumption of certain distilled spirits
 1089  prohibited.—A No distilled spirit greater than 153 proof may not
 1090  shall be sold, processed, or consumed in the state. However, a
 1091  distilled spirit greater than 153 proof may be distilled,
 1092  bottled, packaged, or processed for export or sale outside the
 1093  state.
 1094         Section 36. Section 718.707, Florida Statutes, is amended
 1095  to read:
 1096         718.707 Time limitation for classification as bulk assignee
 1097  or bulk buyer.—A person acquiring condominium parcels may not be
 1098  classified as a bulk assignee or bulk buyer unless the
 1099  condominium parcels were acquired on or after July 1, 2010, but
 1100  before July 1, 2015 2012. The date of such acquisition shall be
 1101  determined by the date of recording a deed or other instrument
 1102  of conveyance for such parcels in the public records of the
 1103  county in which the condominium is located, or by the date of
 1104  issuing a certificate of title in a foreclosure proceeding with
 1105  respect to such condominium parcels.
 1106         Section 37. This act shall take effect July 1, 2012.
 1107  
 1108  ================= T I T L E  A M E N D M E N T ================
 1109         And the title is amended as follows:
 1110         Delete everything before the enacting clause
 1111  and insert:
 1112                        A bill to be entitled                      
 1113         An act relating to reducing and streamlining
 1114         regulations; amending s. 373.461, F.S.; requiring
 1115         certain appraisers to follow specific standards of
 1116         professional practice in appraisals involving the
 1117         restoration of the Lake Apopka Basin; amending s.
 1118         455.213, F.S.; waiving initial licensing, application,
 1119         and unlicensed activity fees for certain military
 1120         veterans; amending ss. 455.271, 468.4338, 468.8317,
 1121         468.8417, 475.615, 475.617, 475.6175, 477.0212,
 1122         481.209, 481.211, 481.213, 481.217, 481.315, 489.116,
 1123         and 489.519, F.S.; revising certain licensure
 1124         requirements and continuing education requirements for
 1125         reactivating a license, certificate, or registration
 1126         to practice certain professions and occupations
 1127         regulated by the Department of Business and
 1128         Professional Regulation or a board or council within
 1129         the department, including community association
 1130         management, employee leasing, home inspection, mold
 1131         related services, real estate appraisal, cosmetology,
 1132         architecture and interior design, landscape
 1133         architecture, construction contracting, and electrical
 1134         and alarm system contracting; amending s. 469.002,
 1135         F.S.; providing an exemption from licensure as an
 1136         asbestos consultant or contractor for activities
 1137         involving pipe or conduit used for gas service;
 1138         repealing s. 475.42(1)(e), F.S., relating to
 1139         violations and penalties applicable to real estate
 1140         brokers and sales associates; amending ss. 468.391,
 1141         475.25, 475.624, and 475.6245, F.S., relating to
 1142         auctioneering and to real estate brokering and
 1143         appraisal; revising provisions with respect to certain
 1144         penalties; revising grounds for discipline to which
 1145         penalties apply; repealing s. 475.626(1)(b) and (c),
 1146         F.S., relating to violations and penalties applicable
 1147         to real property appraisers; amending s. 475.628,
 1148         F.S.; requiring the Florida Real Estate Appraisal
 1149         Board to adopt rules establishing professional
 1150         practice standards; amending s. 468.841, F.S.;
 1151         exempting landscape architects from complying with
 1152         provisions related to mold assessment; amending s.
 1153         475.611, F.S.; revising the definitions of the terms
 1154         “appraisal management company” and “appraisal
 1155         management services”; defining the term “subsidiary”;
 1156         amending s. 475.6171, F.S.; revising requirements for
 1157         the issuance of registration or certification upon
 1158         receipt of proper documentation; amending s. 475.6235,
 1159         F.S.; prohibiting a person from offering to engage in
 1160         appraisal management services under certain
 1161         circumstances; revising provisions relating to the
 1162         application for registration of an appraisal
 1163         management company; providing exemptions from
 1164         registration requirements; repealing s. 476.194(1)(b),
 1165         F.S., relating to prohibited acts by persons engaged
 1166         in the practice of barbering; repealing s.
 1167         477.0265(1)(c), F.S., relating to prohibited acts by
 1168         persons engaged in the practice of cosmetology;
 1169         amending s. 475.451, F.S.; authorizing distance
 1170         learning courses as an acceptable alternative to
 1171         classroom instruction for renewal of a real estate
 1172         instructor permit; providing that distance learning
 1173         courses are under the discretion of the school
 1174         offering the real estate course; requiring distance
 1175         learning courses to adhere to certain requirements;
 1176         amending s. 499.003, F.S.; revising the definitions of
 1177         the terms “distribute” or “distribution,” “drug,”
 1178         “establishment,” “prescription drug,” and “wholesale
 1179         distribution”; amending s. 499.01, F.S.; deleting
 1180         provisions relating to an exemption from nonresident
 1181         prescription drug manufacturer permit requirements;
 1182         deleting provisions relating to an exemption from out
 1183         of-state prescription drug wholesale distributor
 1184         permit requirements for intracompany sale or transfer
 1185         of prescription drugs; providing an exemption from
 1186         permit requirements for the distribution into this
 1187         state of prescription drug active pharmaceutical
 1188         ingredients intended for research and development;
 1189         requiring compliance with certain recordkeeping
 1190         requirements; providing for a definition; providing
 1191         for penalties; providing an exemption from permit
 1192         requirements for the distribution into this state of
 1193         prescription drug active pharmaceutical ingredients
 1194         for incorporation into prescription drugs in finished
 1195         dosage form; requiring a distributor claiming such
 1196         exemption to maintain a valid license, permit, or
 1197         registration in the state from which the prescription
 1198         drug was distributed; requiring compliance with
 1199         certain recordkeeping requirements; exempting
 1200         compliance with pedigree paper requirements; providing
 1201         an exemption from permit requirements for distribution
 1202         into this state of limited quantities of a
 1203         prescription drug that has not been repackaged, for
 1204         research and development or to a holder of a letter of
 1205         exemption issued by the Department of Business and
 1206         Professional Regulation for research, teaching, or
 1207         testing; granting the department authority to define
 1208         “limited quantities” by rule and limit therein the
 1209         number of transactions and amount of prescription
 1210         drugs distributed into the state; requiring a
 1211         distributor claiming such exemption to maintain a
 1212         valid license, permit, or registration in the state
 1213         from which the prescription drug was distributed;
 1214         requiring all purchasers and recipients of such
 1215         prescription drugs to ensure the products are not
 1216         resold or used on humans except in lawful clinical
 1217         trials and biostudies; requiring compliance with
 1218         certain recordkeeping requirements; exempting
 1219         compliance from pedigree paper requirements; providing
 1220         labeling requirements for active pharmaceutical
 1221         ingredients distributed within the state for teaching,
 1222         testing, research, and development; exempting from
 1223         out-of-state prescription drug wholesale distributor
 1224         permit requirements intracompany transactions or the
 1225         sale of prescription drugs from an out-of-state
 1226         distributor to a distributor in this state if both
 1227         distributors conduct wholesale distributions under the
 1228         same business name; requiring compliance with
 1229         recordkeeping and pedigree paper requirements;
 1230         allowing distributors and recipients of prescription
 1231         drugs claiming exemption from certain permitting
 1232         requirements to maintain on file their FDA
 1233         registration number, resident state distributor
 1234         license or permit number, and most recent resident
 1235         state or FDA inspection report; providing that persons
 1236         claiming such exemptions are subject to part I of ch.
 1237         499, F.S., the Florida Drug and Cosmetic Act;
 1238         requiring persons claiming such exemptions to make all
 1239         records regarding prescription drug distribution
 1240         available to the department, upon request, within 48
 1241         hours; requiring submission of a report of mishandled
 1242         or adulterated prescription drugs within 14 days after
 1243         receipt of such drugs; authorizing the department to
 1244         adopt rules; providing that failure to comply with
 1245         requirements or rules governing such exemptions
 1246         constitutes unlawful purchase or receipt of a
 1247         prescription drug from a person not authorized to
 1248         distribute prescription drugs to that purchaser or
 1249         recipient; providing that knowing failure to comply
 1250         with such requirements constitutes unlawful sale,
 1251         distribution, purchase, trade, holding, or offering of
 1252         a drug; providing penalties; providing construction
 1253         with respect to federal and state laws relating to
 1254         controlled substances; exempting certain prescription
 1255         drug repackagers from permit requirements if they
 1256         repackage prescription drugs for their own use or for
 1257         certain related entities; providing notification
 1258         requirements; exempting such repackagers from product
 1259         registration requirements; amending s. 565.07, F.S.;
 1260         allowing certain high-proof distilled spirits to be
 1261         distilled, bottled, packaged, or processed for export
 1262         or sale outside this state; amending s. 718.707, F.S.;
 1263         extending the time period within which persons who
 1264         acquire condominium parcels may be classified as bulk
 1265         assignees or bulk buyers; providing an effective date.