Florida Senate - 2012 CS for SB 762
By the Committee on Criminal Justice; and Senator Hays
591-03229A-12 2012762c1
1 A bill to be entitled
2 An act relating to reducing and streamlining
3 regulations; amending ss. 455.271, 468.4338, 468.525,
4 468.8317, 468.8417, 475.615, 475.617, 475.6175,
5 477.0212, 481.209, 481.211, 481.213, 481.217, 481.315,
6 489.116, and 489.519, F.S.; revising certain licensure
7 requirements and continuing education requirements for
8 reactivating a license, certificate, or registration
9 to practice certain professions and occupations
10 regulated by the Department of Business and
11 Professional Regulation or a board or council within
12 the department, including community association
13 management, employee leasing, home inspection, mold
14 related services, real estate appraisal, cosmetology,
15 architecture and interior design, landscape
16 architecture, construction contracting, and electrical
17 and alarm system contracting; creating s. 468.439,
18 F.S.; providing conditions that collection service
19 expenses that are reasonably related to the collection
20 of a delinquent account rendered by a community
21 association manager or management firm on behalf of
22 certain community associations may be secured by the
23 filing of a claim of lien; amending s. 469.002, F.S.;
24 providing an exemption from licensure as an asbestos
25 consultant or contractor for activities involving pipe
26 or conduit used for gas service; amending s. 475.6235,
27 F.S.; revising registration requirements for appraisal
28 management companies; amending ss. 468.391, 475.25,
29 475.42, 475.624, 475.6245, 475.626, 476.194, and
30 477.0265, F.S., relating to auctioneering, real estate
31 brokering and appraisal, barbering, and cosmetology;
32 revising language with respect to certain penalties;
33 revising grounds for discipline to which penalties
34 apply; amending s. 475.628, F.S.; requiring the
35 Florida Real Estate Appraisal Board to adopt rules
36 establishing professional practice standards; amending
37 s. 373.461, F.S.; requiring certain appraisers to
38 follow specific standards of professional practice in
39 appraisals involving the restoration of the Lake
40 Apopka Basin; amending s. 468.841, F.S.; exempting
41 landscape architects from complying with provisions
42 related to mold assessment; amending s. 475.611, F.S.;
43 revising the definition of the terms “appraisal
44 management company” and “appraisal management
45 services”; amending s. 475.6171, F.S.; revising
46 requirements for the issuance of registration or
47 certification upon receipt of proper documentation;
48 amending s. 475.6235, F.S.; revising provisions
49 relating to titles an appraisal management company
50 must be registered to use; providing exemptions from
51 registration requirements; amending s. 455.213, F.S.;
52 waiving initial licensing, application, and unlicensed
53 activity fees for certain military veterans; amending
54 s. 475.451, F.S.; authorizing distance learning
55 courses as an acceptable alternative to classroom
56 instruction for renewal of a real estate instructor
57 permit; providing that distance learning courses are
58 under the discretion of the school offering the real
59 estate course; requiring distance learning courses to
60 adhere to certain requirements; providing an effective
61 date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Subsection (10) of section 455.271, Florida
66 Statutes, is amended to read:
67 455.271 Inactive and delinquent status.—
68 (10) The board, or the department when there is no board,
69 may not require Before reactivation, an inactive or delinquent
70 licensee, except for a licensee under chapter 473 or chapter
71 475, to complete more than one renewal cycle of shall meet the
72 same continuing education to reactivate a license. requirements,
73 if any, imposed on an active status licensee for all biennial
74 licensure periods in which the licensee was inactive or
75 delinquent. This subsection does not apply to persons regulated
76 under chapter 473.
77 Section 2. Section 468.4338, Florida Statutes, is amended
78 to read:
79 468.4338 Reactivation; continuing education.—The council
80 shall prescribe by rule continuing education requirements for
81 reactivating a license. The continuing education requirements
82 for reactivating a license may not exceed more than one renewal
83 cycle of continuing education 10 classroom hours for each year
84 the license was inactive.
85 Section 3. Paragraph (h) is added to subsection (3) of
86 section 468.525, Florida Statutes, to read:
87 468.525 License requirements.—
88 (3) Each employee leasing company licensed by the
89 department shall have a registered agent for service of process
90 in this state and at least one licensed controlling person. In
91 addition, each licensed employee leasing company shall comply
92 with the following requirements:
93 (h) Following initial licensure, each employee leasing
94 company and each employee leasing company group shall be
95 considered an applicant for renewal of its license and all of
96 the financial information of such licensees submitted to the
97 board pursuant to part XI of chapter 468 and the rules enacted
98 thereunder shall be considered supplied in furtherance of the
99 renewal application process.
100 Section 4. Subsection (2) of section 468.8317, Florida
101 Statutes, is amended to read:
102 468.8317 Inactive license.—
103 (2) A license that becomes has become inactive may be
104 reactivated upon application to the department. The department
105 may prescribe by rule continuing education requirements as a
106 condition of reactivating a license. The rules may not require
107 more than one renewal cycle of continuing education to
108 reactivate requirements for reactivating a license may not
109 exceed 14 hours for each year the license was inactive.
110 Section 5. Subsection (2) of section 468.8417, Florida
111 Statutes, is amended to read:
112 468.8417 Inactive license.—
113 (2) A license that becomes has become inactive may be
114 reactivated upon application to the department. The department
115 may prescribe by rule continuing education requirements as a
116 condition of reactivating a license. The rules may not require
117 more than one renewal cycle of continuing education to
118 reactivate requirements for reactivating a license may not
119 exceed 14 hours for each year the license was inactive.
120 Section 6. Section 468.439, Florida Statutes, is created to
121 read:
122 468.439 Collection services.—Collection service expenses
123 that are reasonably related to the collection of a delinquent
124 account rendered by a community association manager or
125 management firm on behalf of a community association governed by
126 chapter 617, chapter 718, chapter 719, chapter 720, chapter 721,
127 or chapter 723 may be secured by the filing of a claim of lien
128 on behalf of the community association, if the collection
129 services expense is specified by amount in a written agreement
130 with the community association manager or management firm and
131 payable to the community association manager or management firm
132 as a liquidated sum.
133 Section 7. Subsection (4) of section 469.002, Florida
134 Statutes, is amended to read:
135 469.002 Exemptions.—
136 (4) Licensure as an asbestos consultant or contractor is
137 not required for the repair, maintenance, removal, or disposal
138 of asbestos-containing pipe or conduit, if:
139 (a) The pipe or conduit is used for electrical, electronic,
140 communications, sewer, gas, or water service;
141 (b) The pipe or conduit is not located in a building;
142 (c) The pipe or conduit is made of Category I or Category
143 II nonfriable material as defined in NESHAP; and
144 (d) All such activities are performed according to all
145 applicable regulations, including work practices and training,
146 of the United States Occupational Safety and Health
147 Administration under 29 C.F.R. part 1926.
148 Section 8. Subsection (5) of section 475.615, Florida
149 Statutes, is amended to read:
150 475.615 Qualifications for registration or certification.—
151 (5) At the time of filing an application for registration
152 or certification, the applicant must sign a pledge indicating
153 that upon becoming registered or certified, she or he will
154 comply with the standards of professional practice established
155 by rule of the board, including standards for the development or
156 communication of a real estate appraisal, to comply with the
157 Uniform Standards of Professional Appraisal Practice upon
158 registration or certification and must indicate in writing that
159 she or he understands the types of misconduct for which
160 disciplinary proceedings may be initiated. The application shall
161 expire 1 year after the date received by the department.
162 Section 9. Subsection (1), paragraph (b) of subsection (2),
163 and paragraph (b) of subsection (3) of section 475.617, Florida
164 Statutes, are amended to read:
165 475.617 Education and experience requirements.—
166 (1) To be registered as a trainee appraiser, an applicant
167 must present evidence satisfactory to the board that she or he
168 has successfully completed at least 100 hours of approved
169 academic courses in subjects related to real estate appraisal,
170 which shall include coverage of the Uniform Standards of
171 Professional Appraisal Practice, or its equivalent, as
172 established by rule of the board, from a nationally recognized
173 or state-recognized appraisal organization, career center,
174 accredited community college, college, or university, state or
175 federal agency or commission, or proprietary real estate school
176 that holds a permit pursuant to s. 475.451. The board may
177 increase the required number of hours to not more than 125
178 hours. A classroom hour is defined as 50 minutes out of each 60
179 minute segment. Past courses may be approved on an hour-for-hour
180 basis.
181 (2) To be certified as a residential appraiser, an
182 applicant must present satisfactory evidence to the board that
183 she or he has met the minimum education and experience
184 requirements prescribed by rule of the board. The board shall
185 prescribe by rule education and experience requirements that
186 meet or exceed the following real property appraiser
187 qualification criteria adopted on February 20, 2004, by the
188 Appraisal Qualifications Board of the Appraisal Foundation:
189 (b) Has successfully completed at least 200 classroom
190 hours, inclusive of examination, of approved academic courses in
191 subjects related to real estate appraisal, which shall include a
192 15-hour National Uniform Standards of Professional Appraisal
193 Practice course, or its equivalent, as established by rule of
194 the board, from a nationally recognized or state-recognized
195 appraisal organization, career center, accredited community
196 college, college, or university, state or federal agency or
197 commission, or proprietary real estate school that holds a
198 permit pursuant to s. 475.451. A classroom hour is defined as 50
199 minutes out of each 60-minute segment. Past courses may be
200 approved by the board and substituted on an hour-for-hour basis.
201 (3) To be certified as a general appraiser, an applicant
202 must present evidence satisfactory to the board that she or he
203 has met the minimum education and experience requirements
204 prescribed by rule of the board. The board shall prescribe
205 education and experience requirements that meet or exceed the
206 following real property appraiser qualification criteria adopted
207 on February 20, 2004, by the Appraisal Qualifications Board of
208 the Appraisal Foundation:
209 (b) Has successfully completed at least 300 classroom
210 hours, inclusive of examination, of approved academic courses in
211 subjects related to real estate appraisal, which shall include a
212 15-hour National Uniform Standards of Professional Appraisal
213 Practice course, or its equivalent, as established by rule of
214 the board, from a nationally recognized or state-recognized
215 appraisal organization, career center, accredited community
216 college, college, or university, state or federal agency or
217 commission, or proprietary real estate school that holds a
218 permit pursuant to s. 475.451. A classroom hour is defined as 50
219 minutes out of each 60-minute segment. Past courses may be
220 approved by the board and substituted on an hour-for-hour basis.
221 Section 10. Subsection (1) of section 475.6175, Florida
222 Statutes, is amended to read:
223 475.6175 Registered trainee appraiser; postlicensure
224 education required.—
225 (1) The board shall prescribe postlicensure educational
226 requirements in order for a person to maintain a valid
227 registration as a registered trainee appraiser. If prescribed,
228 the postlicensure educational requirements consist of one or
229 more courses which total no more than the total educational
230 hours required to qualify as a state certified residential
231 appraiser. Such courses must be in subjects related to real
232 estate appraisal and shall include coverage of the Uniform
233 Standards of Professional Appraisal Practice or its equivalent,
234 as established by rule of the board. Such courses are provided
235 by a nationally or state-recognized appraisal organization,
236 career center, accredited community college, college, or
237 university, state or federal agency or commission, or
238 proprietary real estate school that holds a permit pursuant to
239 s. 475.451.
240 Section 11. Subsection (2) of section 477.0212, Florida
241 Statutes, is amended to read:
242 477.0212 Inactive status.—
243 (2) The board shall adopt promulgate rules relating to
244 licenses that which have become inactive and for the renewal of
245 inactive licenses. The rules may not require more than one
246 renewal cycle of continuing education to reactivate a license.
247 The board shall prescribe by rule a fee not to exceed $50 for
248 the reactivation of an inactive license and a fee not to exceed
249 $50 for the renewal of an inactive license.
250 Section 12. Subsection (1) of section 481.209, Florida
251 Statutes, is amended to read:
252 481.209 Examinations.—
253 (1) A person desiring to be licensed as a registered
254 architect by initial examination shall apply to the department,
255 complete to take the licensure examination. The department shall
256 administer the licensure examination for architects to each
257 applicant who the board certifies:
258 (a) Has completed the application form, and remit remitted
259 a nonrefundable application fee. The department shall license
260 any applicant who the board certifies: and an examination fee
261 which is refundable if the applicant is found to be ineligible
262 to take the examination;
263 (a) Has passed the licensure examination prescribed by
264 board rule; and
265 (b)1. Is a graduate of a school or college of architecture
266 with a program accredited by the National Architectural
267 Accreditation Board.; or
268 2. Is a graduate of an approved architectural curriculum,
269 evidenced by a degree from an unaccredited school or college of
270 architecture approved by the board. The board shall adopt rules
271 providing for the review and approval of unaccredited schools
272 and colleges of architecture and courses of architectural study
273 based on a review and inspection by the board of the curriculum
274 of accredited schools and colleges of architecture in the United
275 States; and
276 (c) Has completed, prior to examination, 1 year of the
277 internship experience required by s. 481.211(1).
278 Section 13. Section 481.211, Florida Statutes, is amended
279 to read:
280 481.211 Architecture internship required.—
281 (1) An applicant for licensure as a registered architect
282 shall complete, prior to licensure, an internship of diversified
283 architectural experience approved by the board, meeting
284 requirements set forth by rule. in the design and construction
285 of structures which have as their principal purpose human
286 habitation or use. The internship shall be for a period of:
287 (a) Three years for an applicant holding the degree of
288 Bachelor of Architecture; or
289 (b) Two years for an applicant holding the professional
290 degree of Master of Architecture.
291 (2) Each applicant for licensure shall complete 1 year of
292 the internship experience required by this section subsequent to
293 graduation from a school or college of architecture as defined
294 in s. 481.209(1).
295 Section 14. Paragraph (c) of subsection (3) of section
296 481.213, Florida Statutes, is amended to read:
297 481.213 Licensure.—
298 (3) The board shall certify as qualified for a license by
299 endorsement as an architect or as an interior designer an
300 applicant who:
301 (c) Has passed the prescribed licensure examination and
302 holds a valid certificate issued by the National Council of
303 Architectural Registration Boards, and holds a valid license to
304 practice architecture issued by another state or jurisdiction of
305 the United States. For the purposes of this paragraph, any
306 applicant licensed in another state or jurisdiction after June
307 30, 1984, must also hold a degree in architecture and such
308 degree must be equivalent to that required in s. 481.209(1)(b).
309 Also for the purposes of this paragraph, any applicant licensed
310 in another state or jurisdiction after June 30, 1985, must have
311 completed an internship equivalent to that required by s.
312 481.211 and any rules adopted with respect thereto.
313 Section 15. Subsection (1) of section 481.217, Florida
314 Statutes, is amended to read:
315 481.217 Inactive status.—
316 (1) The board may prescribe by rule continuing education
317 requirements as a condition of reactivating a license. The rules
318 may not require more than one renewal cycle of continuing
319 education to reactivate requirements for reactivating a license
320 for a registered architect or interior designer may not exceed
321 12 contact hours for each year the license was inactive. The
322 minimum continuing education requirement for reactivating a
323 license for a registered interior designer shall be those of the
324 most recent biennium plus one-half of the requirements in s.
325 481.215 for each year or part thereof during which the license
326 was inactive. The board may shall only approve continuing
327 education for an interior designer which that builds upon the
328 basic knowledge of interior design.
329 Section 16. Subsection (1) of section 481.315, Florida
330 Statutes, is amended to read:
331 481.315 Inactive status.—
332 (1) A license that has become inactive or delinquent may be
333 reactivated under this section upon application to the
334 department and payment of any applicable biennial renewal or
335 delinquency fee, or both, and a reactivation fee. The board may
336 not require a licensee to complete more than one renewal cycle
337 of continuing education requirements. The board may prescribe by
338 rule continuing education requirements as a condition of
339 reactivating the license. The continuing education requirements
340 for reactivating a license may not exceed 12 classroom hours for
341 each year the license was inactive.
342 Section 17. Subsections (3) and (6) of section 489.116,
343 Florida Statutes, are amended to read:
344 489.116 Inactive and delinquent status; renewal and
345 cancellation notices.—
346 (3) An inactive status certificateholder or registrant may
347 change to active status at any time, if provided the
348 certificateholder or registrant meets all requirements for
349 active status, pays any additional licensure fees necessary to
350 equal those imposed on an active status certificateholder or
351 registrant, and pays any applicable late fees, and meets all
352 continuing education requirements prescribed by the board.
353 (6) The board may not require an inactive certificateholder
354 or registrant to complete more than one renewal cycle of shall
355 comply with the same continuing education for reactivating a
356 certificate or registration requirements, if any, that are
357 imposed on an active status certificateholder or registrant.
358 Section 18. Subsection (1) of section 489.519, Florida
359 Statutes, is amended to read:
360 489.519 Inactive status.—
361 (1) A certificate or registration that becomes has become
362 inactive may be reactivated under s. 489.517 upon application to
363 the department. The board may not require a licensee to complete
364 more than one renewal cycle of prescribe, by rule, continuing
365 education to reactivate requirements as a condition of
366 reactivating a certificate or registration. The continuing
367 education requirements for reactivating a certificate or
368 registration may not exceed 12 classroom hours for each year the
369 certificate or registration was inactive.
370 Section 19. Subsection (4) of section 475.6235, Florida
371 Statutes, is amended to read:
372 475.6235 Registration of appraisal management companies
373 required.—
374 (4) At the time of filing an application for registration
375 of an appraisal management company, each person listed in
376 paragraph (2)(f) must sign a pledge to comply with the
377 applicable standards of professional practice established by
378 rule of the board, including standards for the development or
379 communication of a real estate appraisal, Uniform Standards of
380 Professional Appraisal Practice upon registration and must
381 indicate in writing that she or he understands the types of
382 misconduct for which disciplinary proceedings may be initiated.
383 The application shall expire 1 year after the date received by
384 the department.
385 Section 20. Section 468.391, Florida Statutes, is amended
386 to read:
387 468.391 Penalty.—Any auctioneer, apprentice, or auction
388 business or any owner or manager thereof, or, in the case of
389 corporate ownership, any substantial stockholder of the
390 corporation owning the auction business, who operates without an
391 active license or violates any of the provisions provision of
392 the prohibited acts listed under s. 468.389(1)(c), (e), (f),
393 (h), and (i) commits a felony of the third degree, punishable as
394 provided in s. 775.082 or s. 775.083.
395 Section 21. Paragraph (t) of subsection (1) of section
396 475.25, Florida Statutes, is amended to read:
397 475.25 Discipline.—
398 (1) The commission may deny an application for licensure,
399 registration, or permit, or renewal thereof; may place a
400 licensee, registrant, or permittee on probation; may suspend a
401 license, registration, or permit for a period not exceeding 10
402 years; may revoke a license, registration, or permit; may impose
403 an administrative fine not to exceed $5,000 for each count or
404 separate offense; and may issue a reprimand, and any or all of
405 the foregoing, if it finds that the licensee, registrant,
406 permittee, or applicant:
407 (t) Has violated any standard of professional practice
408 established by rule of the Florida Real Estate Appraisal Board,
409 including standards for the development or communication of a
410 real estate appraisal or other provision of the Uniform
411 Standards of Professional Appraisal Practice, as defined in s.
412 475.611, as approved and adopted by the Appraisal Standards
413 Board of the Appraisal Foundation, as defined in s. 475.611.
414 This paragraph does not apply to a real estate broker or sales
415 associate who, in the ordinary course of business, performs a
416 comparative market analysis, gives a broker price opinion, or
417 gives an opinion of value of real estate. However, in no event
418 may this comparative market analysis, broker price opinion, or
419 opinion of value of real estate be referred to as an appraisal,
420 as defined in s. 475.611.
421 Section 22. Paragraphs (f) through (o) of subsection (1) of
422 section 475.42, Florida Statutes, are redesignated as paragraphs
423 (e) through (n), respectively, and present paragraph (e) of that
424 subsection is amended to read:
425 475.42 Violations and penalties.—
426 (1) VIOLATIONS.—
427 (e) A person may not violate any lawful order or rule of
428 the commission which is binding upon her or him.
429 Section 23. Subsection (14) of section 475.624, Florida
430 Statutes, is amended to read:
431 475.624 Discipline of appraisers.—
432 The board may deny an application for registration or
433 certification of an appraiser; may investigate the actions of
434 any appraiser registered, licensed, or certified under this
435 part; may reprimand or impose an administrative fine not to
436 exceed $5,000 for each count or separate offense against any
437 such appraiser; and may revoke or suspend, for a period not to
438 exceed 10 years, the registration, license, or certification of
439 any such appraiser, or place any such appraiser on probation, if
440 the board finds that the registered trainee, licensee, or
441 certificateholder:
442 (14) Has violated any standard of professional practice,
443 including standards for the development or communication of a
444 real estate appraisal, as established by rule of the board or
445 other provision of the Uniform Standards of Professional
446 Appraisal Practice.
447 Section 24. Paragraph (n) of subsection (1) of section
448 475.6245, Florida Statutes, is amended to read:
449 475.6245 Discipline of appraisal management companies.—
450 (1) The board may deny an application for registration of
451 an appraisal management company; may investigate the actions of
452 any appraisal management company registered under this part; may
453 reprimand or impose an administrative fine not to exceed $5,000
454 for each count or separate offense against any such appraisal
455 management company; and may revoke or suspend, for a period not
456 to exceed 10 years, the registration of any such appraisal
457 management company, or place any such appraisal management
458 company on probation, if the board finds that the appraisal
459 management company or any person listed in s. 475.6235(2)(f):
460 (n) Has instructed an appraiser to violate any standard of
461 professional practice established by rule of the board,
462 including standards for the development or communication of a
463 real estate appraisal or other provision of the Uniform
464 Standards of Professional Appraisal Practice.
465 Section 25. Paragraphs (d) through (h) of subsection (1) of
466 section 475.626, Florida Statutes, are redesignated as
467 paragraphs (b) through (f), respectively, and present paragraphs
468 (b) and (c) of that subsection are amended to read:
469 475.626 Violations and penalties.—
470 (1) A person may not:
471 (b) Violate any lawful order or rule of the board which is
472 binding upon her or him.
473 (c) If a registered trainee appraiser or a licensed or
474 certified appraiser, commit any conduct or practice set forth in
475 s. 475.624.
476 Section 26. Paragraphs (c) through (f) of subsection (1) of
477 section 476.194, Florida Statutes, are redesignated as
478 paragraphs (b) through (e), respectively, and present paragraph
479 (b) of that subsection is amended to read:
480 476.194 Prohibited acts.—
481 (1) It is unlawful for any person to:
482 (b) Engage in willful or repeated violations of this act or
483 of any of the rules adopted by the board.
484 Section 27. Paragraphs (d) through (h) of subsection (1) of
485 section 477.0265, Florida Statutes, are redesignated as
486 paragraphs (c) through (g), respectively, and present paragraph
487 (c) of that subsection is amended to read:
488 477.0265 Prohibited acts.—
489 (1) It is unlawful for any person to:
490 (c) Engage in willful or repeated violations of this
491 chapter or of any rule adopted by the board.
492 Section 28. Section 475.628, Florida Statutes, is amended
493 to read:
494 475.628 Professional standards for appraisers registered,
495 licensed, or certified under this part.—The board shall adopt
496 rules establishing standards of professional practice which meet
497 or exceed nationally recognized standards of appraisal practice,
498 including standards adopted by the Appraisal Standards Board of
499 the Appraisal Foundation. Each appraiser registered, licensed,
500 or certified under this part must shall comply with the rules
501 Uniform Standards of Professional Appraisal Practice. Statements
502 on appraisal standards which may be issued for the purpose of
503 clarification, interpretation, explanation, or elaboration
504 through the Appraisal Foundation shall also be binding on any
505 appraiser registered, licensed, or certified under this part,
506 upon adoption by rule of the board.
507 Section 29. Paragraph (c) of subsection (5) of section
508 373.461, Florida Statutes, is amended to read:
509 373.461 Lake Apopka improvement and management.—
510 (5) PURCHASE OF AGRICULTURAL LANDS.—
511 (c) The district shall explore the availability of funding
512 from all sources, including any federal, state, regional, and
513 local land acquisition funding programs, to purchase the
514 agricultural lands described in paragraph (a). It is the
515 Legislature’s intent that, if such funding sources can be
516 identified, acquisition of the lands described in paragraph (a)
517 may be undertaken by the district to purchase these properties
518 from willing sellers. However, the purchase price paid for
519 acquisition of such lands that were in active cultivation during
520 1996 may shall not exceed the highest appraisal obtained by the
521 district for these lands from a state-certified general
522 appraiser following the standards of professional practice
523 established by rule of the Florida Real Estate Appraisal Board,
524 including standards for the development or communication of a
525 real estate appraisal Uniform Standards of Professional
526 Appraisal Practice. This maximum purchase price limitation may
527 shall not include, nor be applicable to, that portion of the
528 purchase price attributable to consideration of income described
529 in paragraph (b), or that portion attributable to related
530 facilities, or closing costs.
531 Section 30. Paragraph (d) of subsection (1) of section
532 468.841, Florida Statutes, is amended to read:
533 468.841 Exemptions.—
534 (1) The following persons are not required to comply with
535 any provisions of this part relating to mold assessment:
536 (d) Persons or business organizations acting within the
537 scope of the respective licenses required under part XV of this
538 chapter, chapter 471, part I or part II of chapter 481, chapter
539 482, or chapter 489 are acting on behalf of an insurer under
540 part VI of chapter 626, or are persons in the manufactured
541 housing industry who are licensed under chapter 320, except when
542 any such persons or business organizations hold themselves out
543 for hire to the public as a “certified mold assessor,”
544 “registered mold assessor,” “licensed mold assessor,” “mold
545 assessor,” “professional mold assessor,” or any combination
546 thereof stating or implying licensure under this part.
547 Section 31. Paragraphs (c) and (d) of subsection (1) of
548 section 475.611, Florida Statutes, are amended, paragraphs (t)
549 through (x) are redesignated as paragraphs (u) through (y),
550 respectively, and a new paragraph (t) is added to that
551 subsection, to read:
552 475.611 Definitions.—
553 (1) As used in this part, the term:
554 (c) “Appraisal management company” means a person who
555 performs appraisal management services regardless of the use of
556 the term “appraisal management company,” “appraiser
557 cooperative,” “appraiser portal,” “mortgage technology company,”
558 or other term.
559 (d) “Appraisal management services” means the coordination
560 or management of appraisal services for compensation by:
561 1. Employing, contracting with, or otherwise retaining one
562 or more licensed or certified appraisers to perform appraisal
563 services for a client; or
564 2. Acting as a broker or intermediary between a client and
565 one or more licensed or certified appraisers to facilitate the
566 client’s employing, contracting with, or otherwise retaining the
567 appraisers.
568 (t) “Subsidiary” means an organization that is owned and
569 controlled by a financial institution that is regulated by a
570 federal financial institution regulatory agency.
571 Section 32. Subsection (4) of section 475.6171, Florida
572 Statutes, is amended to read:
573 475.6171 Issuance of registration or certification.—The
574 registration or certification of an applicant may be issued upon
575 receipt by the board of the following:
576 (4) If required, proof of passing a written examination as
577 specified in s. 475.616. No certification shall be issued based
578 upon any examination results obtained more than 24 months after
579 the date of examination.
580 Section 33. Subsection (1) of section 475.6235, Florida
581 Statutes, is amended, and subsection (9) is added to that
582 section, to read:
583 475.6235 Registration of appraisal management companies
584 required; exemptions.—
585 (1) A person may not engage, or offer to engage, in
586 appraisal management services for compensation in this state,
587 advertise or represent herself or himself as an appraisal
588 management company, or use the titles “appraisal management
589 company,” “appraiser cooperative,” “appraiser portal,” or
590 “mortgage technology company,” or any abbreviation or words to
591 that effect, unless the person is registered with the department
592 as an appraisal management company under this section. However,
593 an employee of an appraisal management company is not required
594 to obtain a separate registration.
595 (9) This section does not apply to:
596 (a) A financial institution, as defined in s. 655.005,
597 which owns and operates an internal appraisal office, business
598 unit, or department; or
599 (b) An appraisal management company that is a subsidiary
600 owned and controlled by a financial institution, as defined in
601 s. 655.005, which is regulated by a federal financial
602 institution regulatory agency.
603 Section 34. Subsection (12) is added to section 455.213,
604 Florida Statutes, to read:
605 455.213 General licensing provisions.—
606 (12) The department shall waive the initial licensing fee,
607 the initial application fee, and the initial unlicensed activity
608 fee for a military veteran who applies to the department for a
609 license, in a format prescribed by the department, within 24
610 months after discharge from any branch of the United States
611 Armed Forces. To qualify for this waiver, the veteran must have
612 been honorably discharged.
613 Section 35. Paragraph (c) of subsection (2) of section
614 475.451, Florida Statutes, is amended, present subsections (4)
615 through (8) are renumbered as subsections (5) through (9),
616 respectively, and a new subsection (4) is added to that section,
617 to read:
618 475.451 Schools teaching real estate practice.—
619 (2) An applicant for a permit to operate a proprietary real
620 estate school, to be a chief administrator of a proprietary real
621 estate school or a state institution, or to be an instructor for
622 a proprietary real estate school or a state institution must
623 meet the qualifications for practice set forth in s. 475.17(1)
624 and the following minimal requirements:
625 (c) “School instructor” means an individual who instructs
626 persons in the classroom in noncredit college courses in a
627 college, university, or community college or courses in a career
628 center or proprietary real estate school.
629 1. Before commencing to provide such instruction, the
630 applicant must certify the applicant’s competency and obtain an
631 instructor permit by meeting one of the following requirements:
632 a. Hold a bachelor’s degree in a business-related subject,
633 such as real estate, finance, accounting, business
634 administration, or its equivalent and hold a valid broker’s
635 license in this state.
636 b. Hold a bachelor’s degree, have extensive real estate
637 experience, as defined by rule, and hold a valid broker’s
638 license in this state.
639 c. Pass an instructor’s examination approved by the
640 commission.
641 2. Any requirement by the commission for a teaching
642 demonstration or practical examination must apply to all school
643 instructor applicants.
644 3. The department shall renew an instructor permit upon
645 receipt of a renewal application and fee. The renewal
646 application shall include proof that the permitholder has, since
647 the issuance or renewal of the current permit, successfully
648 completed a minimum of 7 classroom or distance learning hours of
649 instruction in real estate subjects or instructional techniques,
650 as prescribed by the commission. The commission shall adopt
651 rules providing for the renewal of instructor permits at least
652 every 2 years. Any permit that which is not renewed at the end
653 of the permit period established by the department shall
654 automatically reverts revert to involuntarily inactive status.
655
656 The department may require an applicant to submit names of
657 persons having knowledge concerning the applicant and the
658 enterprise; may propound interrogatories to such persons and to
659 the applicant concerning the character of the applicant,
660 including the taking of fingerprints for processing through the
661 Federal Bureau of Investigation; and shall make such
662 investigation of the applicant or the school or institution as
663 it may deem necessary to the granting of the permit. If an
664 objection is filed, it shall be considered in the same manner as
665 objections or administrative complaints against other applicants
666 for licensure by the department.
667 (4) A real estate school may offer any course through
668 distance learning if the course complies with s. 475.17(2).
669 Section 36. This act shall take effect July 1, 2012.