Florida Senate - 2012 SB 984 By Senator Sachs 30-00221A-12 2012984__ 1 A bill to be entitled 2 An act relating to personal trainers; creating s. 3 468.7501, F.S.; defining terms; creating s. 468.751, 4 F.S.; providing for the powers and duties of the Board 5 of Athletic Training with respect to the regulation of 6 personal trainers; creating s. 468.7511, F.S.; 7 creating and providing for the duties of the Florida 8 Association of Fitness Examiners; creating s. 468.753, 9 F.S.; providing for the duties of the Department of 10 Business and Professional Regulation; creating s. 11 468.755, F.S.; requiring that the Board of Athletic 12 Training adopt rules to administer the act; creating 13 s. 468.757, F.S.; providing requirements for licensure 14 by examination for personal trainers; creating s. 15 468.759, F.S.; requiring that the department renew a 16 license under specified circumstances; requiring that 17 the board prescribe the requirements for continuing 18 education; requiring that the continuing education 19 meet certain criteria; creating s. 468.761, F.S.; 20 providing for licensure fees; creating s. 468.763, 21 F.S.; prohibiting sexual misconduct in the practice of 22 personal training; creating s. 468.765, F.S.; 23 providing penalties for violation of the act; 24 specifying acts that constitute a violation; creating 25 s. 468.767, F.S.; providing criteria for disciplinary 26 actions; creating s. 468.769, F.S.; providing for 27 exemptions; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 468.7501, Florida Statutes, is created 32 to read: 33 468.7501 Definitions.—As used in ss. 468.7501-468.769, the 34 term: 35 (1) “Association” means the Florida Association of Fitness 36 Examiners. 37 (2) “Board” means the Board of Athletic Training pursuant 38 to s. 468.703. 39 (3) “Client” means a person who hires a personal trainer. 40 (4) “Department” means the Department of Business and 41 Professional Regulation. 42 (5) “Personal trainer” means a person who evaluates a 43 client’s health and physical fitness; develops a personal 44 exercise plan or program, or core-induced activity, for the 45 client; and demonstrates, with or without equipment, exercises 46 designed to improve cardiovascular condition, muscular strength, 47 flexibility, and weight loss. 48 Section 2. Section 468.751, Florida Statutes, is created to 49 read: 50 468.751 Powers and duties of the board.—The board shall: 51 (1) Establish education and training standards for initial 52 licensing and continuing education for personal trainers which 53 shall be administered by the Florida Association of Fitness 54 Examiners. 55 (2) Approve educational programs leading to initial 56 licensure and offering continuing education credits. 57 (3) Approve other equivalent educational programs and 58 establish procedures for the issuance of credit upon 59 satisfactory proof of the completion of the programs. 60 (4) Establish a code of ethics and standards of practice 61 and care for personal trainers. 62 Section 3. Section 468.7511, Florida Statutes, is created 63 to read: 64 468.7511 Duties of the association.—The Florida Association 65 of Fitness Examiners is created. The association shall 66 administer: 67 (1) All educational examinations for initial licensure of 68 personal trainers; 69 (2) All educational examinations for renewal licensure of 70 personal trainers; and 71 (3) All continuing education courses for credits of 72 personal trainers. 73 Section 4. Section 468.753, Florida Statutes, is created to 74 read: 75 468.753 Duties of the department.—The department shall: 76 (1) Issue initial and renewal licenses to qualified 77 applicants. 78 (2) Revoke or suspend the license of a personal trainer 79 upon order of the board. 80 (3) Maintain a record of each personal trainer licensed in 81 the state and the date of licensure and license number. 82 (4) Maintain records of any disciplinary action taken 83 against a personal trainer. 84 Section 5. Section 468.755, Florida Statutes, is created to 85 read: 86 468.755 Rulemaking authority.—The board shall adopt rules 87 to administer the provisions of ss. 468.7501-468.769 conferring 88 duties upon it. The provisions of s. 456.011(5) apply to the 89 board’s activity. The rules must include, but need not be 90 limited to, the allowable scope of practice regarding the use of 91 equipment, licensure requirements, licensure examinations, 92 continuing education requirements, fees, records, reports to be 93 filed by licensees, protocols, and any other requirements 94 necessary to regulate the practice of personal training. 95 Section 6. Section 468.757, Florida Statutes, is created to 96 read: 97 468.757 Licensure by examination; requirements.—A person 98 who is engaged in the act of personal training must be licensed 99 in this state. Application for a license must be filed with the 100 department, on a form approved by the department. The department 101 shall license an applicant who: 102 (1) Has completed the application and remitted the required 103 fees; 104 (2) Is at least 18 years of age; 105 (3) Has a high school diploma or its equivalent; 106 (4) Has obtained the required certification from a program 107 that is accredited by the National Commission for Certifying 108 Agencies or the Distance Education Training Council and that is 109 recognized and approved by the board; 110 (5) Has a current certification in cardiovascular pulmonary 111 resuscitation with an automated external defibrillator from the 112 American Red Cross or the American Heart Association, or an 113 equivalent certification as determined by the board; and 114 (6) Has passed the licensure examination administered by 115 the association. 116 117 The department may adopt rules to administer this section. 118 Section 7. Section 468.759, Florida Statutes, is created to 119 read: 120 468.759 Renewal of license; continuing education.— 121 (1) The department shall renew a license upon receipt of 122 the renewal application and fee if the applicant is in 123 compliance with ss. 468.7501-468.769 and rules adopted by the 124 board. 125 (2) The board shall prescribe by rule the requirements for 126 continuing education, which may not exceed 24 hours every 2 127 years. The criteria for continuing education must be approved by 128 the board and include training for certification in 129 cardiovascular pulmonary resuscitation with an automated 130 external defibrillator from the American Red Cross or the 131 American Heart Association, or an equivalent certification as 132 determined by the board. 133 Section 8. Section 468.761, Florida Statutes, is created to 134 read: 135 468.761 Fees.— 136 (1) The board shall establish by rule fees for the 137 following purposes: 138 (a) An application fee, not to exceed $100. 139 (b) An examination fee, not to exceed $200. 140 (c) An initial licensure fee, not to exceed $200. 141 (d) A biennial license renewal fee, not to exceed $200. 142 (e) An inactive license fee, not to exceed $100. 143 (f) A delinquent application fee, not to exceed $100. 144 (g) A license reactivation fee, not to exceed $100. 145 (h) A voluntary inactive license fee, not to exceed $100. 146 (2) The board shall establish fees at a level, not to 147 exceed the statutory fee cap, which is adequate to ensure the 148 continued operation of the regulatory program. The board may not 149 set or maintain the fees at a level that substantially exceeds 150 the need. 151 Section 9. Section 468.763, Florida Statutes, is created to 152 read: 153 468.763 Sexual misconduct.—The relationship between a 154 personal trainer and a client is founded on mutual trust. Sexual 155 misconduct in the practice of personal training means a 156 violation of the trainer-client relationship through which the 157 personal trainer uses the relationship to induce or attempt to 158 induce the client to engage, or to engage or attempt to engage 159 the client, in sexual activity outside the scope of the 160 practice. Sexual misconduct in the practice of personal training 161 is prohibited. 162 Section 10. Section 468.765, Florida Statutes, is created 163 to read: 164 468.765 Violations and penalties.—Each of the following 165 acts constitutes a misdemeanor of the first degree, punishable 166 as provided in s. 775.082 or s. 775.083: 167 (1) Practicing personal training for compensation without 168 holding an active license under ss. 468.7501-468.769. 169 (2) Using or attempting to use a personal trainer license 170 that has been suspended or revoked. 171 (3) Knowingly employing an unlicensed person in the 172 practice of personal training. 173 (4) Knowingly allowing an unlicensed person to use one’s 174 facilities for the practice of personal training. 175 (5) Obtaining or attempting to obtain a personal trainer 176 license by misleading statements or knowing misrepresentations. 177 (6) Using the title “personal trainer” without being 178 licensed under s. 468.757. 179 Section 11. Section 468.767, Florida Statutes, is created 180 to read: 181 468.767 Disciplinary actions.— 182 (1) The following acts are grounds for denial of a license 183 or disciplinary action as specified in s. 456.072(2): 184 (a) Failing to include the name and license number of the 185 personal trainer in any advertising, including, but not limited 186 to, business cards and letterhead, related to the practice of 187 personal training. Advertising does not include clothing or 188 other novelty items. 189 (b) Committing incompetency or misconduct in the practice 190 of personal training. 191 (c) Committing fraud or deceit in the practice of personal 192 training. 193 (d) Committing gross negligence, or repeated negligence in 194 the practice of personal training. 195 (e) While practicing personal training, being unable to 196 practice personal training with reasonable skill and safety to 197 the client by reason of illness or as a result of any mental or 198 physical condition. 199 (2) The board may enter an order denying licensure or 200 imposing a penalty under s. 456.072(2) against an applicant for 201 licensure or a licensee who is found guilty of violating any 202 provision of subsection (1) or s. 456.072(1). 203 Section 12. Section 468.769, Florida Statutes, is created 204 to read: 205 468.769 Exemptions.—Sections 468.7501-468.769 do not 206 prevent or restrict: 207 (1) The professional practice of a licensee of the 208 department who is acting within the scope of that practice. 209 (2) A personal training student acting under the direct 210 supervision of a licensed personal trainer. 211 (3) A person from administering standard first aid 212 treatment. 213 (4) A person from acting within the scope of a license 214 issued under chapter 548, if the person is acting within the 215 scope of that license. 216 Section 13. This act shall take effect December 31, 2012.