HB 887

1	A bill to be entitled
2	An act relating to business and professional
3	regulation; amending s. 20.165, F.S.; expanding
4	divisions of the Department of Business and
5	Professional Regulation to include the Florida State
6	Boxing Commission; assigning certain programs to the
7	department's Division of Regulation; amending s.
8	455.01, F.S.; revising the definition of the term
9	"profession" to include the regulatory purview of the
10	Florida State Boxing Commission; amending s. 455.213,
11	F.S.; waiving initial licensing, application, and
12	unlicensed activity fees for certain military
13	veterans; amending s. 455.2179, F.S.; revising
14	continuing education provider and course approval
15	procedures; amending s. 455.271, F.S.; limiting to the
16	department the authority to reinstate a license that
17	has become void under certain circumstances; amending
18	s. 455.273, F.S.; revising the method of license
19	renewal notification or notice of pending cancellation
20	of licensure to include an e-mail address; deleting a
21	requirement that a licensure renewal notification and
22	a notice of cancellation of licensure include certain
23	information regarding the applicant; amending s.
24	455.275, F.S.; revising a provision relating to
25	maintenance of current address-of-record information
26	to include e-mail address; revising a provision
27	relating to notice to a licensee to allow service of
28	process by e-mail; amending s. 475.451, F.S.;
29	authorizing distance learning courses as an acceptable
30	alternative to classroom instruction for renewal of a
31	real estate instructor permit; providing that distance
32	learning courses are under the discretion of the
33	school offering the real estate course; requiring
34	distance learning courses to adhere to certain
35	requirements; amending s. 475.611, F.S.; revising the
36	definition of the terms "appraisal management company"
37	and "appraisal management services"; amending s.
38	475.6171, F.S.; revising requirements for the issuance
39	of registration or certification upon receipt of
40	proper documentation; amending s. 475.6235, F.S.;
41	revising provisions relating to titles an appraisal
42	management company must be registered to use;
43	providing exemptions from registration requirements;
44	amending s. 475.6245, F.S.; providing additional
45	grounds for discipline of appraisal management
46	companies, to which penalties apply; amending s.
47	476.188, F.S.; revising the list of locations for the
48	performance of barber services not in a registered
49	barbershop; amending s. 477.0135, F.S.; exempting from
50	cosmetology licensure individuals who perform makeup
51	services to the general public; amending s. 477.019,
52	F.S.; revising procedures for cosmetology licensure by
53	endorsement to authorize work experience as a
54	substitute for educational hours; amending s.
55	477.0263, F.S.; authorizing the performance of
56	cosmetology and specialty services in a location other
57	than a licensed salon under certain circumstances;
58	reenacting and amending s. 489.118, F.S.; reviving
59	grandfathering provisions and establishing a new
60	deadline for applications for certification of certain
61	registered contractors; amending s. 548.006, F.S.;
62	expanding the power of the Florida State Boxing
63	Commission to control pugilistic contests and
64	exhibitions to include exclusive jurisdiction over the
65	approval of amateur sanctioning organizations for
66	mixed martial arts; amending s. 548.0065, F.S.;
67	requiring an amateur sanctioning organizations to file
68	with the commission advanced notice regarding
69	location, date, and time of certain matches; amending
70	s. 548.008, F.S.; revising the penalty for
71	participating in a prohibited match; providing an
72	effective date.
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1.  Paragraph (l) is added to subsection (2) and
77	paragraph (d) is added to subsection (4) of section 20.165,
78	Florida Statutes, to read:
79	20.165  Department of Business and Professional
80	Regulation.-There is created a Department of Business and
81	Professional Regulation.
82	(2)  The following divisions of the Department of Business
83	and Professional Regulation are established:
84	(l)  Florida State Boxing Commission.
85	(4)
86	(d)  The following programs are established within the
87	Division of Regulation:
88	1.  Child Labor Program, created under part I of chapter
89	450.
90	2.  Farm Labor Program, created under part III of chapter
91	450.
92	Section 2.  Subsection (6) of section 455.01, Florida
93	Statutes, is amended to read:
94	455.01  Definitions.-As used in this chapter, the term:
95	(6)  "Profession" means any activity, occupation,
96	profession, or vocation regulated by the department in the
97	Divisions of Certified Public Accounting, Professions, Real
98	Estate, and Regulation, and the Florida State Boxing Commission.
99	Section 3.  Subsection (12) is added to section 455.213,
100	Florida Statutes, to read:
101	455.213  General licensing provisions.-
102	(12)  The department shall waive the initial licensing fee,
103	the initial application fee, and the initial unlicensed activity
104	fee for a military veteran who applies to the department for a
105	license, in a format prescribed by the department, within 24
106	months after discharge from any branch of the United States
107	Armed Forces. To qualify for this waiver, the veteran must have
108	been honorably discharged.
109	Section 4.  Subsection (1) of section 455.2179, Florida
110	Statutes, is amended to read:
111	455.2179  Continuing education provider and course
112	approval; cease and desist orders.-
113	(1)  If a board, or the department if there is no board,
114	requires completion of continuing education as a requirement for
115	renewal of a license, the board, or the department if there is
116	no board, shall approve the providers and courses for of the
117	continuing education. Notwithstanding this subsection or any
118	other provision of law, the department may approve continuing
119	education providers or courses even if there is a board. If the
120	department determines that an application for a continuing
121	education provider or course requires expert review or should be
122	denied, the department shall forward the application to the
123	appropriate board for review and approval or denial. The
124	approval of continuing education providers and courses must be
125	for a specified period of time, not to exceed 4 years. An
126	approval that does not include such a time limitation may remain
127	in effect pursuant to the applicable practice act or the rules
128	adopted under the applicable practice act. Notwithstanding this
129	subsection or any other provision of law, only the department
130	may determine the contents of any documents submitted for
131	approval of a continuing education provider or course.
132	Section 5.  Paragraph (b) of subsection (6) of section
133	455.271, Florida Statutes, is amended to read:
134	455.271  Inactive and delinquent status.-
135	(6)
136	(b)  Notwithstanding the provisions of the professional
137	practice acts administered by the department, the board, or the
138	department if there is no board, may, at its discretion,
139	reinstate the license of an individual whose license has become
140	void if the board or department, as applicable, determines that
141	the individual has made a good faith effort to comply with this
142	section but has failed to comply because of illness or unusual
143	economic hardship. The individual must apply to the board, or
144	the department if there is no board, for reinstatement in a
145	manner prescribed by rules of the board or the department, as
146	applicable, and shall pay an applicable fee in an amount
147	determined by rule. The board, or the department if there is no
148	board, shall require that such individual meet all continuing
149	education requirements prescribed by law, pay appropriate
150	licensing fees, and otherwise be eligible for renewal of
151	licensure under this chapter.
152
153	This subsection does not apply to individuals subject to
154	regulation under chapter 473.
155	Section 6.  Section 455.273, Florida Statutes, is amended
156	to read:
157	455.273  Renewal and cancellation notices.-
158	(1)  At least 90 days before the end of a licensure cycle,
159	the department of Business and Professional Regulation shall:
160	(1)(a)  Forward a licensure renewal notification to an
161	active or inactive licensee at the licensee's last known address
162	of record or e-mail address provided to with the department.
163	(2)(b)  Forward a notice of pending cancellation of
164	licensure to a delinquent status licensee at the licensee's last
165	known address of record or e-mail address provided to with the
166	department.
167	(2)  Each licensure renewal notification and each notice of
168	pending cancellation of licensure must state conspicuously that
169	a licensee who remains on inactive status for more than two
170	consecutive biennial licensure cycles and who wishes to
171	reactivate the license may be required to demonstrate the
172	competency to resume active practice by sitting for a special
173	purpose examination or by completing other reactivation
174	requirements, as defined by rule of the board or the department
175	when there is no board.
176	Section 7.  Subsections (1) and (2) of section 455.275,
177	Florida Statutes, are amended to read:
178	455.275  Address of record.-
179	(1)  Each licensee of the department is solely responsible
180	for notifying the department in writing of the licensee's
181	current mailing address, e-mail-address, and place of practice,
182	as defined by rule of the board or the department when there is
183	no board. A licensee's failure to notify the department of a
184	change of address constitutes a violation of this section, and
185	the licensee may be disciplined by the board or the department
186	when there is no board.
187	(2)  Notwithstanding any other provision of law, service by
188	regular mail or e-mail to a licensee's last known mailing
189	address or e-mail address of record with the department
190	constitutes adequate and sufficient notice to the licensee for
191	any official communication to the licensee by the board or the
192	department except when other service is required pursuant to s.
193	455.225.
194	Section 8.  Paragraph (c) of subsection (2) of section
195	475.451, Florida Statutes, is amended, present subsections (4)
196	through (8) are renumbered as subsections (5) through (9),
197	respectively, and a new subsection (4) is added to that section,
198	to read:
199	475.451  Schools teaching real estate practice.-
200	(2)  An applicant for a permit to operate a proprietary
201	real estate school, to be a chief administrator of a proprietary
202	real estate school or a state institution, or to be an
203	instructor for a proprietary real estate school or a state
204	institution must meet the qualifications for practice set forth
205	in s. 475.17(1) and the following minimal requirements:
206	(c)  "School instructor" means an individual who instructs
207	persons in the classroom in noncredit college courses in a
208	college, university, or community college or courses in a career
209	center or proprietary real estate school.
210	1.  Before commencing to provide such instruction, the
211	applicant must certify the applicant's competency and obtain an
212	instructor permit by meeting one of the following requirements:
213	a.  Hold a bachelor's degree in a business-related subject,
214	such as real estate, finance, accounting, business
215	administration, or its equivalent and hold a valid broker's
216	license in this state.
217	b.  Hold a bachelor's degree, have extensive real estate
218	experience, as defined by rule, and hold a valid broker's
219	license in this state.
220	c.  Pass an instructor's examination approved by the
221	commission.
222	2.  Any requirement by the commission for a teaching
223	demonstration or practical examination must apply to all school
224	instructor applicants.
225	3.  The department shall renew an instructor permit upon
226	receipt of a renewal application and fee. The renewal
227	application shall include proof that the permitholder has, since
228	the issuance or renewal of the current permit, successfully
229	completed a minimum of 7 classroom or distance learning hours of
230	instruction in real estate subjects or instructional techniques,
231	as prescribed by the commission. The commission shall adopt
232	rules providing for the renewal of instructor permits at least
233	every 2 years. Any permit that which is not renewed at the end
234	of the permit period established by the department shall
235	automatically reverts revert to involuntarily inactive status.
236
237	The department may require an applicant to submit names of
238	persons having knowledge concerning the applicant and the
239	enterprise; may propound interrogatories to such persons and to
240	the applicant concerning the character of the applicant,
241	including the taking of fingerprints for processing through the
242	Federal Bureau of Investigation; and shall make such
243	investigation of the applicant or the school or institution as
244	it may deem necessary to the granting of the permit. If an
245	objection is filed, it shall be considered in the same manner as
246	objections or administrative complaints against other applicants
247	for licensure by the department.
248	(4)  A real estate school may offer any course through
249	distance learning if the course complies with s. 475.17(2).
250	Section 9.  Paragraphs (c) and (d) of subsection (1) of
251	section 475.611, Florida Statutes, are amended to read:
252	475.611  Definitions.-
253	(1)  As used in this part, the term:
254	(c)  "Appraisal management company" means a person who
255	performs appraisal management services regardless of the use of
256	the term "appraisal management company," "appraiser
257	cooperative," "appraiser portal," "mortgage technology company,"
258	or other term.
259	(d)  "Appraisal management services" means the coordination
260	or management of appraisal services for compensation by:
261	1.  Employing, contracting with, or otherwise retaining one
262	or more licensed or certified appraisers to perform appraisal
263	services for a client; or
264	2.  Acting as a broker or intermediary between a client and
265	one or more licensed or certified appraisers to facilitate the
266	client's employing, contracting with, or otherwise retaining the
267	appraisers.
268	Section 10.  Subsection (4) of section 475.6171, Florida
269	Statutes, is amended to read:
270	475.6171  Issuance of registration or certification.-The
271	registration or certification of an applicant may be issued upon
272	receipt by the board of the following:
273	(4)  If required, proof of passing a written examination as
274	specified in s. 475.616. No certification shall be issued based
275	upon any examination results obtained more than 24 months after
276	the date of examination.
277	Section 11.  Subsection (1) of section 475.6235, Florida
278	Statutes, is amended, and subsection (9) is added to that
279	section, to read:
280	475.6235  Registration of appraisal management companies
281	required; exemptions.-
282	(1)  A person may not engage, or offer to engage, in
283	appraisal management services for compensation in this state,
284	advertise or represent herself or himself as an appraisal
285	management company, or use the titles "appraisal management
286	company," "appraiser cooperative," "appraiser portal," or
287	"mortgage technology company," or any abbreviation or words to
288	that effect, unless the person is registered with the department
289	as an appraisal management company under this section. However,
290	an employee of an appraisal management company is not required
291	to obtain a separate registration.
292	(9)  This section does not apply to any bank, credit union,
293	or other lending institution that owns and operates an internal
294	appraisal office, business unit, or department.
295	Section 12.  Paragraph (v) is added to subsection (1) of
296	section 475.6245, Florida Statutes, to read:
297	475.6245  Discipline of appraisal management companies.-
298	(1)  The board may deny an application for registration of
299	an appraisal management company; may investigate the actions of
300	any appraisal management company registered under this part; may
301	reprimand or impose an administrative fine not to exceed $5,000
302	for each count or separate offense against any such appraisal
303	management company; and may revoke or suspend, for a period not
304	to exceed 10 years, the registration of any such appraisal
305	management company, or place any such appraisal management
306	company on probation, if the board finds that the appraisal
307	management company or any person listed in s. 475.6235(2)(f):
308	(v)  Has required or attempted to require an appraiser to
309	sign any indemnification agreement that would require the
310	appraiser to hold harmless the appraisal management company or
311	its owners, agents, employees, or independent contractors from
312	any liability, damage, loss, or claim arising from the services
313	performed by the appraisal management company or its owners,
314	agents, employees, or independent contractors and not the
315	services performed by the appraiser.
316	Section 13.  Subsection (2) of section 476.188, Florida
317	Statutes, is amended to read:
318	476.188  Barber services to be performed in registered
319	barbershop; exception.-
320	(2)  Pursuant to rules established by the board, barber
321	services may be performed by a licensed barber in a location
322	other than a registered barbershop, including, but not limited
323	to, a nursing home, hospital, place of employment, or residence,
324	when a client for reasons of ill health is unable to go to a
325	registered barbershop. Arrangements for the performance of
326	barber services in a location other than a registered barbershop
327	shall be made only through a registered barbershop.
328	Section 14.  Subsection (7) is added to section 477.0135,
329	Florida Statutes, to read:
330	477.0135  Exemptions.-
331	(7)  A license is not required of any individual providing
332	makeup services to the general public.
333	Section 15.  Subsection (6) of section 477.019, Florida
334	Statutes, is amended to read:
335	477.019  Cosmetologists; qualifications; licensure;
336	supervised practice; license renewal; endorsement; continuing
337	education.-
338	(6)  The board shall adopt rules specifying procedures for
339	the licensure by endorsement of practitioners desiring to be
340	licensed in this state who hold a current active license in
341	another state and who have met qualifications substantially
342	similar to, equivalent to, or greater than the qualifications
343	required of applicants from this state. For purposes of
344	qualifying for licensure by endorsement under this subsection,
345	work experience may be substituted for required educational
346	hours in the amount and manner provided by board rule.
347	Section 16.  Subsection (4) is added to section 477.0263,
348	Florida Statutes, to read:
349	477.0263  Cosmetology services to be performed in licensed
350	salon; exceptions exception.-
351	(4)  Pursuant to rules adopted by the board, any
352	cosmetology or specialty service may be performed in a location
353	other than a licensed salon when the service is performed in
354	connection with a special event and is performed by a person who
355	is employed by a licensed salon and who holds the proper license
356	or specialty registration. An appointment for the performance of
357	any such service in a location other than a licensed salon must
358	be made through a licensed salon.
359	Section 17.  Section 489.118, Florida Statutes, is
360	reenacted and amended to read:
361	489.118  Certification of registered contractors;
362	grandfathering provisions.-The board shall, upon receipt of a
363	completed application and appropriate fee, issue a certificate
364	in the appropriate category to any contractor registered under
365	this part who makes application to the board and can show that
366	he or she meets each of the following requirements:
367	(1)  Currently holds a valid registered local license in
368	one of the contractor categories defined in s. 489.105(3)(a)-
369	(p).
370	(2)  Has, for that category, passed a written examination
371	that the board finds to be substantially similar to the
372	examination required to be licensed as a certified contractor
373	under this part. For purposes of this subsection, a written,
374	proctored examination such as that produced by the National
375	Assessment Institute, Block and Associates, NAI/Block, Experior
376	Assessments, Professional Testing, Inc., or Assessment Systems,
377	Inc., shall be considered to be substantially similar to the
378	examination required to be licensed as a certified contractor.
379	The board may not impose or make any requirements regarding the
380	nature or content of these cited examinations.
381	(3)  Has at least 5 years of experience as a contractor in
382	that contracting category, or as an inspector or building
383	administrator with oversight over that category, at the time of
384	application. For contractors, only time periods in which the
385	contractor license is active and the contractor is not on
386	probation shall count toward the 5 years required by this
387	subsection.
388	(4)  Has not had his or her contractor's license revoked at
389	any time, had his or her contractor's license suspended within
390	the last 5 years, or been assessed a fine in excess of $500
391	within the last 5 years.
392	(5)  Is in compliance with the insurance and financial
393	responsibility requirements in s. 489.115(5).
394
395	Applicants wishing to obtain a certificate pursuant to this
396	section must make application by November 1, 2014 2005.
397	Section 18.  Subsection (3) of section 548.006, Florida
398	Statutes, is amended to read:
399	548.006  Power of commission to control professional and
400	amateur pugilistic contests and exhibitions; certification of
401	competitiveness of professional mixed martial arts and
402	kickboxing matches.-
403	(3)  The commission has exclusive jurisdiction over
404	approval, disapproval, suspension of approval, and revocation of
405	approval of all amateur sanctioning organizations for amateur
406	boxing, and kickboxing, and mixed martial arts matches held in
407	this state.
408	Section 19.  Subsection (6) is added to section 548.0065,
409	Florida Statutes, to read:
410	548.0065  Amateur matches; sanctioning and supervision;
411	health and safety standards; compliance checks; continuation,
412	suspension, and revocation of sanctioning approval.-
413	(6)  An amateur sanctioning organization must file with the
414	commission advance notice, in writing, of all amateur boxing,
415	kickboxing, and mixed martial arts matches, including the
416	location, date, and time of the matches, at least 10 days prior
417	to the date of the matches. For purposes of this subsection,
418	notification may be sent via electronic mail.
419	Section 20.  Paragraph (a) of subsection (3) of section
420	548.008, Florida Statutes, is amended to read:
421	548.008  Prohibited competitions.-
422	(3)(a)  Any person participating in a match prohibited
423	under this section, knowing the match to be prohibited, commits
424	a felony misdemeanor of the third second degree, punishable as
425	provided in s. 775.082, or s. 775.083, or s. 775.084.
426	Section 21.  This act shall take effect October 1, 2012.

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