Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. CS for SB 762
Barcode 657172
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/01/2012 .
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The Committee on Budget Subcommittee on General Government
Appropriations (Hays) recommended 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 paragraph any provision of the
58 prohibited acts listed under s. 468.389(1)(c), (e), (f), (h), or
59 (i) commits a felony of the third degree, punishable as provided
60 in s. 775.082 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. For the purposes of this paragraph, any
617 applicant licensed in another state or jurisdiction after June
618 30, 2000 1984, must also hold a degree in architecture and such
619 degree must be equivalent to that required in s. 481.209(1)(b)
620 and. Also for the purposes of this paragraph, any applicant
621 licensed in another state or jurisdiction after June 30, 1985,
622 must have completed an internship equivalent to that required by
623 s. 481.211 and any rules adopted with respect thereto.
624 Section 29. Section 481.217, Florida Statutes, is amended
625 to read:
626 481.217 Inactive status.—
627 (1) The board may prescribe by rule continuing education
628 requirements as a condition of reactivating a license. The rules
629 may not require more than one renewal cycle of continuing
630 education to reactivate requirements for reactivating a license
631 for a registered architect or interior designer may not exceed
632 12 contact hours for each year the license was inactive. For
633 interior design, The minimum continuing education requirement
634 for reactivating a license for a registered interior designer
635 shall be those of the most recent biennium plus one-half of the
636 requirements in s. 481.215 for each year or part thereof during
637 which the license was inactive. the board may shall only approve
638 only continuing education that builds upon the basic knowledge
639 of interior design.
640 (2) The board shall adopt rules relating to application
641 procedures for inactive status and for the reactivation of
642 inactive licenses.
643 Section 30. Section 481.315, Florida Statutes, is amended
644 to read:
645 481.315 Inactive status.—
646 (1) A license that has become inactive or delinquent may be
647 reactivated under this section upon application to the
648 department and payment of any applicable biennial renewal or
649 delinquency fee, or both, and a reactivation fee. The board may
650 not require a licensee to complete more than one renewal cycle
651 of continuing education requirements. The board may prescribe by
652 rule continuing education requirements as a condition of
653 reactivating the license. The continuing education requirements
654 for reactivating a license may not exceed 12 classroom hours for
655 each year the license was inactive.
656 (2) The board shall adopt rules relating to application
657 procedures for inactive status and for the reactivation of
658 inactive licenses.
659 Section 31. Subsections (3) and (6) of section 489.116,
660 Florida Statutes, are amended to read:
661 489.116 Inactive and delinquent status; renewal and
662 cancellation notices.—
663 (3) An inactive status certificateholder or registrant may
664 change to active status at any time, if provided the
665 certificateholder or registrant meets all requirements for
666 active status, pays any additional licensure fees necessary to
667 equal those imposed on an active status certificateholder or
668 registrant, and pays any applicable late fees, and meets all
669 continuing education requirements prescribed by the board.
670 (6) The board may not require an inactive certificateholder
671 or registrant to complete more than one renewal cycle of shall
672 comply with the same continuing education for reactivating a
673 certificate or registration requirements, if any, that are
674 imposed on an active status certificateholder or registrant.
675 Section 32. Subsection (1) of section 489.519, Florida
676 Statutes, is amended to read:
677 489.519 Inactive status.—
678 (1) A certificate or registration that becomes has become
679 inactive may be reactivated under s. 489.517 upon application to
680 the department. The board may not require a licensee to complete
681 more than one renewal cycle of prescribe, by rule, continuing
682 education to reactivate requirements as a condition of
683 reactivating a certificate or registration. The continuing
684 education requirements for reactivating a certificate or
685 registration may not exceed 12 classroom hours for each year the
686 certificate or registration was inactive.
687 Section 33. This act shall take effect July 1, 2012.
688
689 ================= T I T L E A M E N D M E N T ================
690 And the title is amended as follows:
691 Delete everything before the enacting clause
692 and insert:
693 A bill to be entitled
694 An act relating to reducing and streamlining
695 regulations; amending s. 373.461, F.S.; requiring
696 certain appraisers to follow specific standards of
697 professional practice in appraisals involving the
698 restoration of the Lake Apopka Basin; amending s.
699 455.213, F.S.; waiving initial licensing, application,
700 and unlicensed activity fees for certain military
701 veterans; amending ss. 455.271, 468.4338, 468.8317,
702 468.8417, 475.615, 475.617, 475.6175, 477.0212,
703 481.209, 481.211, 481.213, 481.217, 481.315, 489.116,
704 and 489.519, F.S.; revising certain licensure
705 requirements and continuing education requirements for
706 reactivating a license, certificate, or registration
707 to practice certain professions and occupations
708 regulated by the Department of Business and
709 Professional Regulation or a board or council within
710 the department, including community association
711 management, employee leasing, home inspection, mold
712 related services, real estate appraisal, cosmetology,
713 architecture and interior design, landscape
714 architecture, construction contracting, and electrical
715 and alarm system contracting; amending s. 469.002,
716 F.S.; providing an exemption from licensure as an
717 asbestos consultant or contractor for activities
718 involving pipe or conduit used for gas service;
719 repealing s. 475.42(1)(e), F.S., relating to
720 violations and penalties applicable to real estate
721 brokers and sales associates; amending ss. 468.391,
722 475.25, 475.624, and 475.6245, F.S., relating to
723 auctioneering and to real estate brokering and
724 appraisal; revising provisions with respect to certain
725 penalties; revising grounds for discipline to which
726 penalties apply; repealing s. 475.626(1)(b) and (c),
727 F.S., relating to violations and penalties applicable
728 to real property appraisers; amending s. 475.628,
729 F.S.; requiring the Florida Real Estate Appraisal
730 Board to adopt rules establishing professional
731 practice standards; amending s. 468.841, F.S.;
732 exempting landscape architects from complying with
733 provisions related to mold assessment; amending s.
734 475.611, F.S.; revising the definitions of the terms
735 “appraisal management company” and “appraisal
736 management services”; defining the term “subsidiary”;
737 amending s. 475.6171, F.S.; revising requirements for
738 the issuance of registration or certification upon
739 receipt of proper documentation; amending s. 475.6235,
740 F.S.; prohibiting a person from offering to engage in
741 appraisal management services under certain
742 circumstances; revising provisions relating to the
743 application for registration of an appraisal
744 management company; providing exemptions from
745 registration requirements; repealing s. 476.194(1)(b),
746 F.S., relating to prohibited acts by persons engaged
747 in the practice of barbering; repealing s.
748 477.0265(1)(c), F.S., relating to prohibited acts by
749 persons engaged in the practice of cosmetology;
750 amending s. 475.451, F.S.; authorizing distance
751 learning courses as an acceptable alternative to
752 classroom instruction for renewal of a real estate
753 instructor permit; providing that distance learning
754 courses are under the discretion of the school
755 offering the real estate course; requiring distance
756 learning courses to adhere to certain requirements;
757 providing an effective date.