Florida Senate - 2012 SB 762
By Senator Hays
20-00549-12 2012762__
1 A bill to be entitled
2 An act relating to the practice of professions
3 regulated by the Department of Business and
4 Professional Regulation; amending s. 373.461, F.S.;
5 providing for the use of the standards of professional
6 practice established by the Real Estate Appraisal
7 Board in connection with the purchase of land to
8 restore Lake Apopka; amending s. 455.271, F.S.;
9 reducing the maximum amount of continuing education
10 that may be required by the Department of Business and
11 Professional Regulation or one of its boards to
12 reactivate certain inactive licenses; amending s.
13 468.391, F.S.; exempting certain types of misconduct
14 relating to auction businesses from being penalized as
15 a felony; amending s. 468.4338, F.S.; reducing the
16 maximum amount of continuing education that may be
17 required by the Regulatory Council of Community
18 Association Managers to reactivate an inactive
19 license; amending s. 468.8317, F.S.; reducing the
20 maximum amount of continuing education that may be
21 required by the Department of Business and
22 Professional Regulation for an inactive home
23 inspection services license; amending s. 468.8417,
24 F.S.; reducing the maximum amount of continuing
25 education that may be required by Department of
26 Business and Professional Regulation to reactivate an
27 inactive mold-related services license; amending s.
28 475.25, F.S.; subjecting a person to discipline for a
29 violation of rule of the Real Estate Appraisal Board;
30 amending s. 475.42, F.S.; deleting a provision
31 prohibiting a person from violating a lawful order or
32 rule of the Real Estate Commission; amending s.
33 475.615, F.S.; requiring an applicant for registration
34 or certification as a real estate appraiser to pledge
35 to comply with the standards of professional practice
36 established by the Real Estate Appraisal Board;
37 amending s. 475.617, F.S.; authorizing the Real Estate
38 Appraisal Board to approve courses covering subjects
39 equivalent to the Uniform Standards of Professional
40 Appraisal Practice to satisfy the academic course
41 requirements for registration as a trainee appraiser,
42 residential appraiser, or general appraiser; amending
43 s. 475.6175, F.S.; authorizing the Real Estate
44 Appraisal Board to approve courses covering subjects
45 equivalent to the Uniform Standards of Professional
46 Appraisal Practice to satisfy the postlicensure
47 educational requirements for trainee appraisers;
48 amending s. 475.6235, F.S.; requiring an applicant for
49 registration of an appraisal management company to
50 pledge to comply with the standards of professional
51 practice established by the Real Estate Appraisal
52 Board; amending s. 475.624, F.S.; authorizing the Real
53 Estate Appraisal Board to discipline certain
54 appraisers who violate a standard of professional
55 practice established by board rule; amending s.
56 475.6245, F.S.; authorizing the Real Estate Appraisal
57 Board to discipline an appraisal management company
58 that violates a standard of professional practice
59 adopted by board rule; amending s. 475.626, F.S.;
60 deleting provisions subjecting a person to criminal
61 penalties for engaging in certain types of misconduct
62 relating to real estate appraisals; amending s.
63 475.628, F.S.; authorizing the Real Estate Appraisal
64 Board to adopt rules of standards of professional
65 practice established by the Appraisal Standards Board
66 of the Appraisal Foundation; amending s. 476.194,
67 F.S.; deleting a provision subjecting a person to
68 criminal penalties for engaging in willful or repeated
69 violations of laws or rules regulating the practice of
70 barbering; amending s. 477.0212, F.S.; reducing the
71 maximum amount of continuing education that may be
72 required by the Board of Cosmetology to reactivate an
73 inactive cosmetologist’s license; amending s.
74 477.0265, F.S.; deleting a provision subjecting a
75 person to criminal penalties for engaging in willful
76 or repeated violations of laws or rules regulating
77 cosmetology; amending s. 481.217, F.S.; reducing the
78 maximum amount of continuing education that may be
79 required by the Board of Architecture and Interior
80 Design to reactivate an inactive registered architect
81 or an interior designer license; amending s. 481.315,
82 F.S.; reducing the maximum amount of continuing
83 education that may be required by the Board of
84 Landscape Architecture to reactivate certain inactive
85 licenses; amending s. 489.116, F.S.; requiring a
86 person to meet certain continuing education
87 requirements as a prerequisite to reactivate an
88 inactive certificate or registration with the
89 Construction Industry Licensing Board; reducing the
90 maximum amount of continuing education that may be
91 required by the Construction Industry Licensing Board
92 to reactivate certain inactive certificates or
93 registrations; amending s. 489.519, F.S.; reducing the
94 maximum amount of continuing education that may be
95 required by the Electrical Contractors’ Licensing
96 Board to reactivate certain inactive certificates or
97 registrations; providing an effective date.
98
99 Be It Enacted by the Legislature of the State of Florida:
100
101 Section 1. Paragraph (c) of subsection (5) of section
102 373.461, Florida Statutes, is amended to read:
103 373.461 Lake Apopka improvement and management.—
104 (5) PURCHASE OF AGRICULTURAL LANDS.—
105 (c) The district shall explore the availability of funding
106 from all sources, including any federal, state, regional, and
107 local land acquisition funding programs, to purchase the
108 agricultural lands described in paragraph (a). The Legislature
109 intends It is the Legislature’s intent that, if such funding
110 sources can be identified, acquisition of the lands described in
111 paragraph (a) may be undertaken by the district to purchase
112 these properties from willing sellers. However, the purchase
113 price paid for acquisition of such lands that were in active
114 cultivation during 1996 may shall not exceed the highest
115 appraisal obtained by the district for these lands from a state
116 certified general appraiser following the standards of
117 professional practice adopted by rule of the Florida Real Estate
118 Appraisal Board, including standards for the development or
119 communication of a real estate appraisal Uniform Standards of
120 Professional Appraisal Practice. This maximum purchase price
121 limitation does shall not include, or apply nor be applicable
122 to, that portion of the purchase price attributable to
123 consideration of income described in paragraph (b), or that
124 portion attributable to related facilities, or closing costs.
125 Section 2. Subsection (10) of section 455.271, Florida
126 Statutes, is amended to read:
127 455.271 Inactive and delinquent status.—
128 (10) The board, or the department if there is no board, may
129 not require Before reactivation, an inactive or delinquent
130 licensee, except for a licensee under chapter 473 or chapter
131 475, to complete more than one renewal cycle of shall meet the
132 same continuing education in order to reactivate a license.
133 requirements, if any, imposed on an active status licensee for
134 all biennial licensure periods in which the licensee was
135 inactive or delinquent. This subsection does not apply to
136 persons regulated under chapter 473.
137 Section 3. Section 468.391, Florida Statutes, is amended to
138 read:
139 468.391 Penalty.—Any auctioneer, apprentice, or auction
140 business or any owner or manager thereof, or, in the case of
141 corporate ownership, any substantial stockholder of the
142 corporation owning the auction business, who operates without an
143 active license or engages in an act that is grounds for
144 disciplinary action violates any provision of the prohibited
145 acts listed under s. 468.389(1)(c), (e), (f), (h), or (i)
146 commits a felony of the third degree, punishable as provided in
147 s. 775.082 or s. 775.083.
148 Section 4. Section 468.4338, Florida Statutes, is amended
149 to read:
150 468.4338 Reactivation; continuing education.—The council
151 shall prescribe by rule continuing education requirements for
152 reactivating a license. The continuing education requirements
153 for reactivating a license may not exceed more than one renewal
154 cycle of continuing education exceed 10 classroom hours for each
155 year the license was inactive.
156 Section 5. Subsection (2) of section 468.8317, Florida
157 Statutes, is amended to read:
158 468.8317 Inactive license.—
159 (2) A license that becomes has become inactive may be
160 reactivated upon application to the department. The department
161 may prescribe by rule continuing education requirements for as a
162 condition of reactivating a license. The rules may not require
163 more than one renewal cycle of continuing education in order to
164 reactivate requirements for reactivating a license may not
165 exceed 14 hours for each year the license was inactive.
166 Section 6. Subsection (2) of section 468.8417, Florida
167 Statutes, is amended to read:
168 468.8417 Inactive license.—
169 (2) A license that becomes has become inactive may be
170 reactivated upon application to the department. The department
171 may prescribe by rule continuing education requirements as a
172 condition of reactivating a license. The rules may not require
173 more than one renewal cycle of continuing education in order to
174 reactivate requirements for reactivating a license may not
175 exceed 14 hours for each year the license was inactive.
176 Section 7. Paragraph (t) of subsection (1) of section
177 475.25, Florida Statutes, is amended to read:
178 475.25 Discipline.—
179 (1) The commission may deny an application for licensure,
180 registration, or permit, or renewal thereof; may place a
181 licensee, registrant, or permittee on probation; may suspend a
182 license, registration, or permit for a period not exceeding 10
183 years; may revoke a license, registration, or permit; may impose
184 an administrative fine not to exceed $5,000 for each count or
185 separate offense; and may issue a reprimand, and any or all of
186 the foregoing, if it finds that the licensee, registrant,
187 permittee, or applicant:
188 (t) Has violated any standard of professional practice
189 adopted by rule of the Real Estate Appraisal Board, including
190 standards for the development or communication of a real estate
191 appraisal or other provision of the Uniform Standards of
192 Professional Appraisal Practice, as defined in s. 475.611, as
193 approved and adopted by the Appraisal Standards Board of the
194 Appraisal Foundation, as defined in s. 475.611. This paragraph
195 does not apply to a real estate broker or sales associate who,
196 in the ordinary course of business, performs a comparative
197 market analysis, gives a broker price opinion, or gives an
198 opinion of value of real estate. However, in no event may this
199 comparative market analysis, broker price opinion, or opinion of
200 value of real estate may not be referred to as an appraisal, as
201 defined in s. 475.611.
202 Section 8. Paragraph (e) of subsection (1) of section
203 475.42, Florida Statutes, is amended, and present paragraphs (f)
204 through (o) of that subsection are redesignated as paragraphs
205 (e) through (n), respectively, to read:
206 475.42 Violations and penalties.—
207 (1) VIOLATIONS.—
208 (e) A person may not violate any lawful order or rule of
209 the commission which is binding upon her or him.
210 Section 9. Subsection (5) of section 475.615, Florida
211 Statutes, is amended to read:
212 475.615 Qualifications for registration or certification.—
213 (5) At the time of filing an application for registration
214 or certification, the applicant must sign a pledge indicating
215 that upon becoming registered or certified, the person will
216 comply with the standards of professional practice adopted by
217 board rule, including standards for the development or
218 communication of a real estate appraisal. The applicant to
219 comply with the Uniform Standards of Professional Appraisal
220 Practice upon registration or certification and must also
221 indicate in writing that she or he understands the types of
222 misconduct for which disciplinary proceedings may be initiated.
223 The application expires shall expire 1 year after the date it is
224 received by the department.
225 Section 10. Subsections (1), (2), and (3) of section
226 475.617, Florida Statutes, are amended to read:
227 475.617 Education and experience requirements.—
228 (1) To be registered as a trainee appraiser, an applicant
229 must present evidence satisfactory to the board that she or he
230 has successfully completed at least 100 hours of approved
231 academic courses in subjects related to real estate appraisal,
232 which shall include coverage of the Uniform Standards of
233 Professional Appraisal Practice, or its equivalent, adopted by
234 board rule, from a nationally recognized or state-recognized
235 appraisal organization, career center, accredited community
236 college, college, or university, state or federal agency or
237 commission, or proprietary real estate school that holds a
238 permit pursuant to s. 475.451. The board may increase the
239 required number of hours to not more than 125 hours. A classroom
240 hour is defined as 50 minutes out of each 60-minute segment.
241 Past courses may be approved on an hour-for-hour basis.
242 (2) To be certified as a residential appraiser, an
243 applicant must present satisfactory evidence to the board that
244 she or he has met the minimum education and experience
245 requirements prescribed by rule of the board. The board shall
246 prescribe by rule education and experience requirements that
247 meet or exceed the following real property appraiser
248 qualification criteria adopted on February 20, 2004, by the
249 Appraisal Qualifications Board of the Appraisal Foundation:
250 (a) Has at least 2,500 hours of experience obtained over a
251 24-month period in real property appraisal as defined by rule.
252 (b) Has successfully completed at least 200 classroom
253 hours, inclusive of examination, of approved academic courses in
254 subjects related to real estate appraisal, which must shall
255 include a 15-hour National Uniform Standards of Professional
256 Appraisal Practice course, or its equivalent, adopted by board
257 rule, from a nationally recognized or state-recognized appraisal
258 organization, career center, accredited community college,
259 college, or university, state or federal agency or commission,
260 or proprietary real estate school that holds a permit pursuant
261 to s. 475.451. A classroom hour is defined as 50 minutes out of
262 each 60-minute segment. Past courses may be approved by the
263 board and substituted on an hour-for-hour basis.
264 (3) To be certified as a general appraiser, an applicant
265 must present evidence satisfactory to the board that she or he
266 has met the minimum education and experience requirements
267 prescribed by rule of the board. The board shall prescribe
268 education and experience requirements that meet or exceed the
269 following real property appraiser qualification criteria adopted
270 on February 20, 2004, by the Appraisal Qualifications Board of
271 the Appraisal Foundation:
272 (a) Has at least 3,000 hours of experience obtained over a
273 30-month period in real property appraisal as defined by rule.
274 (b) Has successfully completed at least 300 classroom
275 hours, inclusive of examination, of approved academic courses in
276 subjects related to real estate appraisal, which must shall
277 include a 15-hour National Uniform Standards of Professional
278 Appraisal Practice course, or its equivalent, adopted by board
279 rule, from a nationally recognized or state-recognized appraisal
280 organization, career center, accredited community college,
281 college, or university, state or federal agency or commission,
282 or proprietary real estate school that holds a permit pursuant
283 to s. 475.451. A classroom hour is defined as 50 minutes out of
284 each 60-minute segment. Past courses may be approved by the
285 board and substituted on an hour-for-hour basis.
286 Section 11. Subsection (1) of section 475.6175, Florida
287 Statutes, is amended to read:
288 475.6175 Registered trainee appraiser; postlicensure
289 education required.—
290 (1) The board shall prescribe postlicensure educational
291 requirements in order for a person to maintain a valid
292 registration as a registered trainee appraiser. If prescribed,
293 the postlicensure educational requirements consist of one or
294 more courses which total no more than the total educational
295 hours required to qualify as a state certified residential
296 appraiser. Such courses must be in subjects related to real
297 estate appraisal and shall include coverage of the Uniform
298 Standards of Professional Appraisal Practice, or its equivalent,
299 adopted by board rule. Such courses are provided by a nationally
300 or state-recognized appraisal organization, career center,
301 accredited community college, college, or university, state or
302 federal agency or commission, or proprietary real estate school
303 that holds a permit pursuant to s. 475.451.
304 Section 12. Subsection (4) of section 475.6235, Florida
305 Statutes, is amended to read:
306 475.6235 Registration of appraisal management companies
307 required.—
308 (4) At the time of filing an application for registration
309 of an appraisal management company, each person listed in
310 paragraph (2)(f) must sign a pledge to comply with the standards
311 of professional practice adopted by board rule, including
312 standards for the development or communication of a real estate
313 appraisal. Each person Uniform Standards of Professional
314 Appraisal Practice upon registration and must also indicate in
315 writing that she or he understands the types of misconduct for
316 which disciplinary proceedings may be initiated. The application
317 expires shall expire 1 year after the date it is received by the
318 department.
319 Section 13. Subsection (14) of section 475.624, Florida
320 Statutes, is amended to read:
321 475.624 Discipline of appraisers.—The board may deny an
322 application for registration or certification of an appraiser;
323 may investigate the actions of any appraiser registered,
324 licensed, or certified under this part; may reprimand or impose
325 an administrative fine not to exceed $5,000 for each count or
326 separate offense against any such appraiser; and may revoke or
327 suspend, for a period not to exceed 10 years, the registration,
328 license, or certification of any such appraiser, or place any
329 such appraiser on probation, if the board finds that the
330 registered trainee, licensee, or certificateholder:
331 (14) Has violated any standard of professional practice,
332 including standards for the development or communication of a
333 real estate appraisal, adopted by board rule or other provision
334 of the Uniform Standards of Professional Appraisal Practice.
335 Section 14. Paragraph (n) of subsection (1) of section
336 475.6245, Florida Statutes, is amended to read:
337 475.6245 Discipline of appraisal management companies.—
338 (1) The board may deny an application for registration of
339 an appraisal management company; may investigate the actions of
340 any appraisal management company registered under this part; may
341 reprimand or impose an administrative fine not to exceed $5,000
342 for each count or separate offense against any such appraisal
343 management company; and may revoke or suspend, for a period not
344 to exceed 10 years, the registration of any such appraisal
345 management company, or place any such appraisal management
346 company on probation, if the board finds that the appraisal
347 management company or any person listed in s. 475.6235(2)(f):
348 (n) Has instructed an appraiser to violate any standard of
349 professional practice adopted by board rule, including standards
350 for the development or communication of a real estate appraisal
351 or other provision of the Uniform Standards of Professional
352 Appraisal Practice.
353 Section 15. Paragraphs (b) and (c) of subsection (1) of
354 section 475.626, Florida Statutes, are amended, and present
355 paragraphs (d) through (h) of that subsection are redesignated
356 as paragraphs (b) through (f), respectively, to read:
357 475.626 Violations and penalties.—
358 (1) A person may not:
359 (b) Violate any lawful order or rule of the board which is
360 binding upon her or him.
361 (c) If a registered trainee appraiser or a licensed or
362 certified appraiser, commit any conduct or practice set forth in
363 s. 475.624.
364 Section 16. Section 475.628, Florida Statutes, is amended
365 to read:
366 475.628 Professional standards for appraisers registered,
367 licensed, or certified under this part.—The board shall adopt
368 rules establishing standards of professional practice that meet
369 or exceed nationally recognized standards of appraisal practice,
370 including standards adopted by the Appraisal Standards Board of
371 the Appraisal Foundation. Each appraiser registered, licensed,
372 or certified under this part must shall comply with the rules
373 adopted by the board Uniform Standards of Professional Appraisal
374 Practice. Statements on appraisal standards that are which may
375 be issued for the purpose of clarification, interpretation,
376 explanation, or elaboration through the Appraisal Foundation are
377 shall also be binding on any appraiser registered, licensed, or
378 certified under this part, upon adoption by board rule.
379 Section 17. Subsection (1) of section 476.194, Florida
380 Statutes, is amended to read:
381 476.194 Prohibited acts.—
382 (1) A It is unlawful for any person may not to:
383 (a) Engage in the practice of barbering without an active
384 license as a barber issued pursuant to the provisions of this
385 chapter act by the department.
386 (b) Engage in willful or repeated violations of this act or
387 of any of the rules adopted by the board.
388 (b)(c) Hire or employ any person to engage in the practice
389 of barbering unless the such person holds a valid license as a
390 barber.
391 (c)(d) Obtain or attempt to obtain a license for money
392 other than the required fee or any other thing of value or by
393 fraudulent misrepresentations.
394 (d)(e) Own, operate, maintain, open, establish, conduct, or
395 have charge of, either alone or with another person or persons,
396 a barbershop:
397 1. That Which is not licensed under the provisions of this
398 chapter; or
399 2. In which a person not licensed as a barber is permitted
400 to perform services.
401 (e)(f) Use or attempt to use a license to practice
402 barbering which when said license is suspended or revoked.
403 Section 18. Subsection (2) of section 477.0212, Florida
404 Statutes, is amended to read:
405 477.0212 Inactive status.—
406 (2) The board shall adopt promulgate rules relating to
407 licenses that which have become inactive and for the renewal of
408 inactive licenses. The rules may not require more than one
409 renewal cycle of continuing education in order to reactivate a
410 license. The board shall prescribe by rule a fee not to exceed
411 $50 for the reactivation of an inactive license and a fee not to
412 exceed $50 for the renewal of an inactive license.
413 Section 19. Subsection (1) of section 477.0265, Florida
414 Statutes, is amended to read:
415 477.0265 Prohibited acts.—
416 (1) A It is unlawful for any person may not to:
417 (a) Engage in the practice of cosmetology or a specialty
418 without an active license as a cosmetologist or registration as
419 a specialist issued by the department under pursuant to the
420 provisions of this chapter.
421 (b) Own, operate, maintain, open, establish, conduct, or
422 have charge of, either alone or with another person or persons,
423 a cosmetology salon or specialty salon:
424 1. That Which is not licensed under the provisions of this
425 chapter; or
426 2. In which a person not licensed or registered as a
427 cosmetologist or a specialist is permitted to perform
428 cosmetology services or any specialty.
429 (c) Engage in willful or repeated violations of this
430 chapter or of any rule adopted by the board.
431 (c)(d) Permit an employed person to engage in the practice
432 of cosmetology or of a specialty unless such person holds a
433 valid, active license as a cosmetologist or registration as a
434 specialist.
435 (d)(e) Obtain or attempt to obtain a license or
436 registration for money, other than the required fee, or any
437 other thing of value or by fraudulent misrepresentations.
438 (e)(f) Use or attempt to use a license to practice
439 cosmetology or a registration to practice a specialty, which
440 license or registration is suspended or revoked.
441 (f)(g) Advertise or imply that skin care services or body
442 wrapping, as performed under this chapter, have any relationship
443 to the practice of massage therapy as defined in s. 480.033(3),
444 except those practices or activities defined in s. 477.013.
445 (g)(h) In the practice of cosmetology, use or possess a
446 cosmetic product containing a liquid nail monomer containing any
447 trace of methyl methacrylate (MMA).
448 Section 20. Subsection (1) of section 481.217, Florida
449 statutes, is amended to read:
450 481.217 Inactive status.—
451 (1) The board may prescribe by rule continuing education
452 requirements as a condition of reactivating a license. The rules
453 may not require more than one renewal cycle of continuing
454 education in order to reactivate requirements for reactivating a
455 license for a registered architect or interior designer may not
456 exceed 12 contact hours for each year the license was inactive.
457 The minimum continuing education requirement for reactivating a
458 license for a registered interior designer shall be those of the
459 most recent biennium plus one-half of the requirements in s.
460 481.215 for each year or part thereof during which the license
461 was inactive. The board may shall only approve continuing
462 education for an interior designer which that builds upon the
463 basic knowledge of interior design.
464 Section 21. Subsection (1) of section 481.315, Florida
465 Statutes, is amended to read:
466 481.315 Inactive status.—
467 (1) A license that has become inactive or delinquent may be
468 reactivated under this section upon application to the
469 department and payment of any applicable biennial renewal or
470 delinquency fee, or both, and a reactivation fee. The board may
471 not require a licensee to complete more than one renewal cycle
472 of continuing education requirements in order to reactivate a
473 license. The board may prescribe by rule continuing education
474 requirements as a condition of reactivating the license. The
475 continuing education requirements for reactivating a license may
476 not exceed 12 classroom hours for each year the license was
477 inactive.
478 Section 22. Subsections (3) and (6) of section 489.116,
479 Florida Statutes, are amended to read:
480 489.116 Inactive and delinquent status; renewal and
481 cancellation notices.—
482 (3) An inactive status certificateholder or registrant may
483 change to active status at any time, if provided the
484 certificateholder or registrant meets all requirements for
485 active status, pays any additional licensure fees necessary to
486 equal those imposed on an active status certificateholder or
487 registrant, and pays any applicable late fees, and meets all
488 continuing education requirements prescribed by the board.
489 (6) The board may not require an inactive certificateholder
490 or registrant to complete more than one renewal cycle of shall
491 comply with the same continuing education for reactivating a
492 certificate or registration requirements, if any, that are
493 imposed on an active status certificateholder or registrant.
494 Section 23. Subsection (1) of section 489.519, Florida
495 Statutes, is amended to read:
496 489.519 Inactive status.—
497 (1) A certificate or registration that becomes has become
498 inactive may be reactivated under s. 489.517 upon application to
499 the department. The board may not require a licensee to complete
500 more than one renewal cycle of prescribe, by rule, continuing
501 education in order to reactivate requirements as a condition of
502 reactivating a certificate or registration. The continuing
503 education requirements for reactivating a certificate or
504 registration may not exceed 12 classroom hours for each year the
505 certificate or registration was inactive.
506 Section 24. This act shall take effect July 1, 2012.