HB 517

1
A bill to be entitled
2An act relating to reducing and streamlining
3regulations; amending ss. 455.271, 468.4338, 468.8317,
4468.8417, 475.615, 475.617, 475.6175, 477.0212,
5481.217, 481.315, 489.116, and 489.519, F.S.; revising
6the continuing education requirements for reactivating
7a license, certificate, or registration to practice
8certain professions and occupations regulated by the
9Department of Business and Professional Regulation or
10a board or council within the department, including
11community association management, home inspection,
12mold-related services, real estate appraisal,
13cosmetology, architecture and interior design,
14landscape architecture, construction contracting, and
15electrical and alarm system contracting; amending s.
16475.6235, F.S.; revising registration requirements for
17appraisal management companies; amending ss. 468.391,
18475.25, 475.42, 475.624, 475.6245, 475.626, 476.194,
19and 477.0265, F.S., relating to auctioneering, real
20estate brokering and appraisal, barbering, and
21cosmetology; revising language with respect to certain
22penalties; revising grounds for discipline to which
23penalties apply; amending s. 475.628, F.S.; requiring
24the Florida Real Estate Appraisal Board to adopt rules
25establishing professional practice standards; amending
26s. 373.461, F.S.; requiring certain appraisers to
27follow specific standards of professional practice in
28appraisals involving the restoration of the Lake
29Apopka Basin; providing an effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Subsection (10) of section 455.271, Florida
34Statutes, is amended to read:
35     455.271  Inactive and delinquent status.-
36     (10)  The board, or the department when there is no board,
37may not require Before reactivation, an inactive or delinquent
38licensee, except for a licensee under chapter 473 or chapter
39475, to complete more than one renewal cycle of shall meet the
40same continuing education to reactivate a license. requirements,
41if any, imposed on an active status licensee for all biennial
42licensure periods in which the licensee was inactive or
43delinquent. This subsection does not apply to persons regulated
44under chapter 473.
45     Section 2.  Section 468.4338, Florida Statutes, is amended
46to read:
47     468.4338  Reactivation; continuing education.-The council
48shall prescribe by rule continuing education requirements for
49reactivating a license. The continuing education requirements
50for reactivating a license may not exceed more than one renewal
51cycle of continuing education exceed 10 classroom hours for each
52year the license was inactive.
53     Section 3.  Subsection (2) of section 468.8317, Florida
54Statutes, is amended to read:
55     468.8317  Inactive license.-
56     (2)  A license that becomes has become inactive may be
57reactivated upon application to the department. The department
58may prescribe by rule continuing education requirements as a
59condition of reactivating a license. The rules may not require
60more than one renewal cycle of continuing education to
61reactivate requirements for reactivating a license may not
62exceed 14 hours for each year the license was inactive.
63     Section 4.  Subsection (2) of section 468.8417, Florida
64Statutes, is amended to read:
65     468.8417  Inactive license.-
66     (2)  A license that becomes has become inactive may be
67reactivated upon application to the department. The department
68may prescribe by rule continuing education requirements as a
69condition of reactivating a license. The rules may not require
70more than one renewal cycle of continuing education to
71reactivate requirements for reactivating a license may not
72exceed 14 hours for each year the license was inactive.
73     Section 5.  Subsection (5) of section 475.615, Florida
74Statutes, is amended to read:
75     475.615  Qualifications for registration or certification.-
76     (5)  At the time of filing an application for registration
77or certification, the applicant must sign a pledge indicating
78that upon becoming registered or certified, she or he will
79comply with the standards of professional practice established
80by rule of the board, including standards for the development or
81communication of a real estate appraisal, to comply with the
82Uniform Standards of Professional Appraisal Practice upon
83registration or certification and must indicate in writing that
84she or he understands the types of misconduct for which
85disciplinary proceedings may be initiated. The application shall
86expire 1 year after the date received by the department.
87     Section 6.  Subsection (1), paragraph (b) of subsection
88(2), and paragraph (b) of subsection (3) of section 475.617,
89Florida Statutes, are amended to read:
90     475.617  Education and experience requirements.-
91     (1)  To be registered as a trainee appraiser, an applicant
92must present evidence satisfactory to the board that she or he
93has successfully completed at least 100 hours of approved
94academic courses in subjects related to real estate appraisal,
95which shall include coverage of the Uniform Standards of
96Professional Appraisal Practice, or its equivalent, as
97established by rule of the board, from a nationally recognized
98or state-recognized appraisal organization, career center,
99accredited community college, college, or university, state or
100federal agency or commission, or proprietary real estate school
101that holds a permit pursuant to s. 475.451. The board may
102increase the required number of hours to not more than 125
103hours. A classroom hour is defined as 50 minutes out of each 60-
104minute segment. Past courses may be approved on an hour-for-hour
105basis.
106     (2)  To be certified as a residential appraiser, an
107applicant must present satisfactory evidence to the board that
108she or he has met the minimum education and experience
109requirements prescribed by rule of the board. The board shall
110prescribe by rule education and experience requirements that
111meet or exceed the following real property appraiser
112qualification criteria adopted on February 20, 2004, by the
113Appraisal Qualifications Board of the Appraisal Foundation:
114     (b)  Has successfully completed at least 200 classroom
115hours, inclusive of examination, of approved academic courses in
116subjects related to real estate appraisal, which shall include a
11715-hour National Uniform Standards of Professional Appraisal
118Practice course, or its equivalent, as established by rule of
119the board, from a nationally recognized or state-recognized
120appraisal organization, career center, accredited community
121college, college, or university, state or federal agency or
122commission, or proprietary real estate school that holds a
123permit pursuant to s. 475.451. A classroom hour is defined as 50
124minutes out of each 60-minute segment. Past courses may be
125approved by the board and substituted on an hour-for-hour basis.
126     (3)  To be certified as a general appraiser, an applicant
127must present evidence satisfactory to the board that she or he
128has met the minimum education and experience requirements
129prescribed by rule of the board. The board shall prescribe
130education and experience requirements that meet or exceed the
131following real property appraiser qualification criteria adopted
132on February 20, 2004, by the Appraisal Qualifications Board of
133the Appraisal Foundation:
134     (b)  Has successfully completed at least 300 classroom
135hours, inclusive of examination, of approved academic courses in
136subjects related to real estate appraisal, which shall include a
13715-hour National Uniform Standards of Professional Appraisal
138Practice course, or its equivalent, as established by rule of
139the board, from a nationally recognized or state-recognized
140appraisal organization, career center, accredited community
141college, college, or university, state or federal agency or
142commission, or proprietary real estate school that holds a
143permit pursuant to s. 475.451. A classroom hour is defined as 50
144minutes out of each 60-minute segment. Past courses may be
145approved by the board and substituted on an hour-for-hour basis.
146     Section 7.  Subsection (1) of section 475.6175, Florida
147Statutes, is amended to read:
148     475.6175  Registered trainee appraiser; postlicensure
149education required.-
150     (1)  The board shall prescribe postlicensure educational
151requirements in order for a person to maintain a valid
152registration as a registered trainee appraiser. If prescribed,
153the postlicensure educational requirements consist of one or
154more courses which total no more than the total educational
155hours required to qualify as a state certified residential
156appraiser. Such courses must be in subjects related to real
157estate appraisal and shall include coverage of the Uniform
158Standards of Professional Appraisal Practice or its equivalent,
159as established by rule of the board. Such courses are provided
160by a nationally or state-recognized appraisal organization,
161career center, accredited community college, college, or
162university, state or federal agency or commission, or
163proprietary real estate school that holds a permit pursuant to
164s. 475.451.
165     Section 8.  Subsection (2) of section 477.0212, Florida
166Statutes, is amended to read:
167     477.0212  Inactive status.-
168     (2)  The board shall adopt promulgate rules relating to
169licenses that which have become inactive and for the renewal of
170inactive licenses. The rules may not require more than one
171renewal cycle of continuing education to reactivate a license.
172The board shall prescribe by rule a fee not to exceed $50 for
173the reactivation of an inactive license and a fee not to exceed
174$50 for the renewal of an inactive license.
175     Section 9.  Subsection (1) of section 481.217, Florida
176Statutes, is amended to read:
177     481.217  Inactive status.-
178     (1)  The board may prescribe by rule continuing education
179requirements as a condition of reactivating a license. The rules
180may not require more than one renewal cycle of continuing
181education to reactivate requirements for reactivating a license
182for a registered architect or interior designer may not exceed
18312 contact hours for each year the license was inactive. The
184minimum continuing education requirement for reactivating a
185license for a registered interior designer shall be those of the
186most recent biennium plus one-half of the requirements in s.
187481.215 for each year or part thereof during which the license
188was inactive. The board may shall only approve continuing
189education for an interior designer which that builds upon the
190basic knowledge of interior design.
191     Section 10.  Subsection (1) of section 481.315, Florida
192Statutes, is amended to read:
193     481.315  Inactive status.-
194     (1)  A license that has become inactive or delinquent may
195be reactivated under this section upon application to the
196department and payment of any applicable biennial renewal or
197delinquency fee, or both, and a reactivation fee. The board may
198not require a licensee to complete more than one renewal cycle
199of continuing education requirements The board may prescribe by
200rule continuing education requirements as a condition of
201reactivating the license. The continuing education requirements
202for reactivating a license may not exceed 12 classroom hours for
203each year the license was inactive.
204     Section 11.  Subsections (3) and (6) of section 489.116,
205Florida Statutes, are amended to read:
206     489.116  Inactive and delinquent status; renewal and
207cancellation notices.-
208     (3)  An inactive status certificateholder or registrant may
209change to active status at any time, if provided the
210certificateholder or registrant meets all requirements for
211active status, pays any additional licensure fees necessary to
212equal those imposed on an active status certificateholder or
213registrant, and pays any applicable late fees, and meets all
214continuing education requirements prescribed by the board.
215     (6)  The board may not require an inactive
216certificateholder or registrant to complete more than one
217renewal cycle of shall comply with the same continuing education
218for reactivating a certificate or registration requirements, if
219any, that are imposed on an active status certificateholder or
220registrant.
221     Section 12.  Subsection (1) of section 489.519, Florida
222Statutes, is amended to read:
223     489.519  Inactive status.-
224     (1)  A certificate or registration that becomes has become
225inactive may be reactivated under s. 489.517 upon application to
226the department. The board may not require a licensee to complete
227more than one renewal cycle of prescribe, by rule, continuing
228education to reactivate requirements as a condition of
229reactivating a certificate or registration. The continuing
230education requirements for reactivating a certificate or
231registration may not exceed 12 classroom hours for each year the
232certificate or registration was inactive.
233     Section 13.  Subsection (4) of section 475.6235, Florida
234Statutes, is amended to read:
235     475.6235  Registration of appraisal management companies
236required.-
237     (4)  At the time of filing an application for registration
238of an appraisal management company, each person listed in
239paragraph (2)(f) must sign a pledge to comply with the standards
240of professional practice established by rule of the board,
241including standards for the development or communication of a
242real estate appraisal, Uniform Standards of Professional
243Appraisal Practice upon registration and must indicate in
244writing that she or he understands the types of misconduct for
245which disciplinary proceedings may be initiated. The application
246shall expire 1 year after the date received by the department.
247     Section 14.  Section 468.391, Florida Statutes, is amended
248to read:
249     468.391  Penalty.-Any auctioneer, apprentice, or auction
250business or any owner or manager thereof, or, in the case of
251corporate ownership, any substantial stockholder of the
252corporation owning the auction business, who operates without an
253active license or violates any of the provisions provision of
254the prohibited acts listed under s. 468.389(1)(c), (e), (f),
255(h), and (i) commits a felony of the third degree, punishable as
256provided in s. 775.082 or s. 775.083.
257     Section 15.  Paragraph (t) of subsection (1) of section
258475.25, Florida Statutes, is amended to read:
259     475.25  Discipline.-
260     (1)  The commission may deny an application for licensure,
261registration, or permit, or renewal thereof; may place a
262licensee, registrant, or permittee on probation; may suspend a
263license, registration, or permit for a period not exceeding 10
264years; may revoke a license, registration, or permit; may impose
265an administrative fine not to exceed $5,000 for each count or
266separate offense; and may issue a reprimand, and any or all of
267the foregoing, if it finds that the licensee, registrant,
268permittee, or applicant:
269     (t)  Has violated any standard of professional practice
270established by rule of the Florida Real Estate Appraisal Board,
271including standards for the development or communication of a
272real estate appraisal or other provision of the Uniform
273Standards of Professional Appraisal Practice, as defined in s.
274475.611, as approved and adopted by the Appraisal Standards
275Board of the Appraisal Foundation, as defined in s. 475.611.
276This paragraph does not apply to a real estate broker or sales
277associate who, in the ordinary course of business, performs a
278comparative market analysis, gives a broker price opinion, or
279gives an opinion of value of real estate. However, in no event
280may this comparative market analysis, broker price opinion, or
281opinion of value of real estate be referred to as an appraisal,
282as defined in s. 475.611.
283     Section 16.  Paragraphs (f) through (o) of subsection (1)
284of section 475.42, Florida Statutes, are redesignated as
285paragraphs (e) through (n), respectively, and present paragraph
286(e) of that subsection is amended to read:
287     475.42  Violations and penalties.-
288     (1)  VIOLATIONS.-
289     (e)  A person may not violate any lawful order or rule of
290the commission which is binding upon her or him.
291     Section 17.  Subsection (14) of section 475.624, Florida
292Statutes, is amended to read:
293     475.624  Discipline of appraisers.-
294The board may deny an application for registration or
295certification of an appraiser; may investigate the actions of
296any appraiser registered, licensed, or certified under this
297part; may reprimand or impose an administrative fine not to
298exceed $5,000 for each count or separate offense against any
299such appraiser; and may revoke or suspend, for a period not to
300exceed 10 years, the registration, license, or certification of
301any such appraiser, or place any such appraiser on probation, if
302the board finds that the registered trainee, licensee, or
303certificateholder:
304     (14)  Has violated any standard of professional practice,
305including standards for the development or communication of a
306real estate appraisal, as established by rule of the board or
307other provision of the Uniform Standards of Professional
308Appraisal Practice.
309     Section 18.  Paragraph (n) of subsection (1) of section
310475.6245, Florida Statutes, is amended to read:
311     475.6245  Discipline of appraisal management companies.-
312     (1)  The board may deny an application for registration of
313an appraisal management company; may investigate the actions of
314any appraisal management company registered under this part; may
315reprimand or impose an administrative fine not to exceed $5,000
316for each count or separate offense against any such appraisal
317management company; and may revoke or suspend, for a period not
318to exceed 10 years, the registration of any such appraisal
319management company, or place any such appraisal management
320company on probation, if the board finds that the appraisal
321management company or any person listed in s. 475.6235(2)(f):
322     (n)  Has instructed an appraiser to violate any standard of
323professional practice established by rule of the board,
324including standards for the development or communication of a
325real estate appraisal or other provision of the Uniform
326Standards of Professional Appraisal Practice.
327     Section 19.  Paragraphs (d) through (h) of subsection (1)
328of section 475.626, Florida Statutes, are redesignated as
329paragraphs (b) through (f), respectively, and present paragraphs
330(b) and (c) of that subsection are amended to read:
331     475.626  Violations and penalties.-
332     (1)  A person may not:
333     (b)  Violate any lawful order or rule of the board which is
334binding upon her or him.
335     (c)  If a registered trainee appraiser or a licensed or
336certified appraiser, commit any conduct or practice set forth in
337s. 475.624.
338     Section 20.  Paragraphs (c) through (f) of subsection (1)
339of section 476.194, Florida Statutes, are redesignated as
340paragraphs (b) through (e), respectively, and present paragraph
341(b) of that subsection is amended to read:
342     476.194  Prohibited acts.-
343     (1)  It is unlawful for any person to:
344     (b)  Engage in willful or repeated violations of this act
345or of any of the rules adopted by the board.
346     Section 21.  Paragraphs (d) through (h) of subsection (1)
347of section 477.0265, Florida Statutes, are redesignated as
348paragraphs (c) through (g), respectively, and present paragraph
349(c) of that subsection is amended to read:
350     477.0265  Prohibited acts.-
351     (1)  It is unlawful for any person to:
352     (c)  Engage in willful or repeated violations of this
353chapter or of any rule adopted by the board.
354     Section 22.  Section 475.628, Florida Statutes, is amended
355to read:
356     475.628  Professional standards for appraisers registered,
357licensed, or certified under this part.-The board shall adopt
358rules establishing standards of professional practice that meet
359or exceed nationally recognized standards of appraisal practice,
360including standards adopted by the Appraisal Standards Board of
361the Appraisal Foundation. Each appraiser registered, licensed,
362or certified under this part must shall comply with the rules
363Uniform Standards of Professional Appraisal Practice. Statements
364on appraisal standards which may be issued for the purpose of
365clarification, interpretation, explanation, or elaboration
366through the Appraisal Foundation shall also be binding on any
367appraiser registered, licensed, or certified under this part,
368upon adoption by rule of the board.
369     Section 23.  Paragraph (c) of subsection (5) of section
370373.461, Florida Statutes, is amended to read:
371     373.461  Lake Apopka improvement and management.-
372     (5)  PURCHASE OF AGRICULTURAL LANDS.-
373     (c)  The district shall explore the availability of funding
374from all sources, including any federal, state, regional, and
375local land acquisition funding programs, to purchase the
376agricultural lands described in paragraph (a). It is the
377Legislature's intent that, if such funding sources can be
378identified, acquisition of the lands described in paragraph (a)
379may be undertaken by the district to purchase these properties
380from willing sellers. However, the purchase price paid for
381acquisition of such lands that were in active cultivation during
3821996 may shall not exceed the highest appraisal obtained by the
383district for these lands from a state-certified general
384appraiser following the standards of professional practice
385established by rule of the Florida Real Estate Appraisal Board,
386including standards for the development or communication of a
387real estate appraisal Uniform Standards of Professional
388Appraisal Practice. This maximum purchase price limitation may
389shall not include, nor be applicable to, that portion of the
390purchase price attributable to consideration of income described
391in paragraph (b), or that portion attributable to related
392facilities, or closing costs.
393     Section 24.  This act shall take effect July 1, 2012.


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