Florida Senate - 2013                                     SB 720
       By Senator Brandes
       22-00816-13                                            2013720__
    1                        A bill to be entitled                      
    2         An act relating to the deregulation of professions and
    3         occupations; amending s. 468.383, F.S.; exempting
    4         certain auctioneers who conduct motor vehicle auction
    5         contests from licensure; amending s. 468.385, F.S.;
    6         deleting licensure requirements for auctioneer
    7         apprentices; amending ss. 468.381, 468.384, 468.3855,
    8         468.388, and 468.391, F.S., to conform; amending s.
    9         477.0132, F.S.; deleting provisions requiring the
   10         registration of persons whose occupation or practice
   11         is confined solely to hair braiding, hair wrapping, or
   12         body wrapping; providing that the Florida Cosmetology
   13         Act does not apply to such persons; amending ss.
   14         477.019, 477.026, 477.0265, and 477.029, F.S., to
   15         conform; repealing part VIII of chapter 559, F.S.,
   16         relating to the Sale of Business Opportunities Act and
   17         the regulation of certain business opportunities;
   18         amending ss. 205.1971, 501.604, and 721.11, F.S.;
   19         conforming a cross-reference; providing an effective
   20         date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Subsection (10) is added to section 468.383,
   25  Florida Statutes, to read:
   26         468.383 Exemptions.—This act does not apply to the
   27  following:
   28         (10) Motor vehicle auctions, as defined in s. 320.27,
   29  conducted by auctioneers licensed in other states and held for
   30  the purpose of conducting sanctioned contests among auctioneers,
   31  if an auctioneer licensed pursuant to this part is on site to
   32  monitor the sanctioned contest.
   33         Section 2. Subsections (3), (5), (6), (7), and (8) of
   34  section 468.385, Florida Statutes, are amended to read:
   35         468.385 Licenses required; qualifications; examination.—
   36         (3) A No person may not shall be licensed as an auctioneer
   37  or apprentice if he or she:
   38         (a) Is under 18 years of age; or
   39         (b) Has committed any act or offense in this state or any
   40  other jurisdiction which would constitute a basis for
   41  disciplinary action under s. 468.389.
   42         (5) Each apprentice shall work under the supervision of
   43  application and license shall name a licensed auctioneer who has
   44  agreed to serve as the supervisor of the apprentice. An No
   45  apprentice may not conduct, or contract to conduct, an auction
   46  without the express approval of his or her supervisor. The
   47  supervisor shall regularly review the apprentice’s records,
   48  which are required by the board to be maintained, to determine
   49  if such records are accurate and current.
   50         (6) A No person may not shall be licensed as an auctioneer
   51  unless he or she:
   52         (a) Has held an apprentice license and has served as an
   53  apprentice for 1 year or more, or has completed a course of
   54  study, consisting of not less than 80 classroom hours of
   55  instruction, that meets standards adopted by the board;
   56         (b) Has passed the required examination; and
   57         (c) Is approved by the board.
   58         (7)(a) Any auction that is subject to the provisions of
   59  this part must be conducted by an auctioneer who has an active
   60  license or an apprentice who is actively supervised by a
   61  licensed sponsor has an active apprentice auctioneer license and
   62  who has received prior written sponsor consent.
   63         (b) A No business may not shall auction or offer to auction
   64  any property in this state unless it is licensed as an auction
   65  business by the board or is exempt from licensure under this
   66  act. Each application for licensure shall include the names of
   67  the owner and the business, the business mailing address and
   68  location, and any other information which the board may require.
   69  The owner of an auction business shall report to the board
   70  within 30 days after of any change in this required information.
   71         (8) A license issued by the department to an auctioneer,
   72  apprentice, or auction business is not transferable.
   73         Section 3. Section 468.381, Florida Statutes, is amended to
   74  read:
   75         468.381 Purpose.—The Legislature finds that unqualified
   76  auctioneers and apprentices and unreliable auction businesses
   77  present a significant threat to the public. It is the intent of
   78  the Legislature to protect the public by creating a board to
   79  regulate auctioneers, apprentices, and auction businesses and by
   80  requiring a license to operate.
   81         Section 4. Subsection (3) of section 468.384, Florida
   82  Statutes, is amended to read:
   83         468.384 Florida Board of Auctioneers.—
   84         (3) The board shall receive and act upon applications for
   85  auctioneer, apprentice, and auction business licenses and shall
   86  have the power to issue, suspend, and revoke such licenses and
   87  to take such other action as is necessary to carry out the
   88  provisions of this act.
   89         Section 5. Subsections (5) through (10) of section
   90  468.3855, Florida Statutes, are amended, and a new subsection
   91  (9) is added to that section, to read:
   92         468.3855 Apprenticeship training requirements.—
   93         (5) Each apprentice and sponsor shall file reports as
   94  required by board rule.
   95         (5)(6) A sponsor may not authorize an apprentice to conduct
   96  an auction or act as principal auctioneer unless the sponsor has
   97  determined that the apprentice has received adequate training to
   98  do so.
   99         (6)(7) The sponsor is shall be responsible for any acts or
  100  omissions of the apprentice which constitute a violation of law
  101  in relation to the conduct of an auction.
  102         (8) All apprentice applications shall be valid for a period
  103  of 6 months after board approval. Any applicant who fails to
  104  complete the licensure process within that time shall be
  105  required to make application as a new applicant.
  106         (7)(9) Any licensed apprentice who wishes to change the
  107  sponsor under whom he or she is supervised licensed must submit
  108  a new application and application fee. However, a new license
  109  fee shall not be required and credit shall be awarded credit for
  110  training received or any period of apprenticeship served under
  111  the previous sponsor.
  112         (8)(10) Credit for training received or any period of
  113  apprenticeship served is shall not be allowed unless it occurred
  114  under the supervision of the sponsor under whose supervision the
  115  apprentice is licensed.
  116         (9) An apprentice must submit verification of his or her
  117  apprenticeship signed by the sponsors on a form prescribed by
  118  the department at the time of submitting the application for an
  119  auctioneer license.
  120         Section 6. Subsection (4) and paragraph (b) of subsection
  121  (11) of section 468.388, Florida Statutes, are amended to read:
  122         468.388 Conduct of an auction.—
  123         (4) Each auction must be conducted by an auctioneer who has
  124  an active license or by an apprentice who has an active
  125  apprentice auctioneer license and who has received prior written
  126  sponsor consent. Each auction must be conducted under the
  127  auspices of a licensed auction business. Any auctioneer or
  128  apprentice auctioneer conducting an auction, and any auction
  129  business under whose auspices such auction is held, shall be
  130  responsible for determining that any auctioneer, apprentice, or
  131  auction business with whom they are associated in conducting
  132  such auction has an active Florida auctioneer, apprentice, or
  133  auction business license.
  134         (11)
  135         (b) A No licensed auctioneer, licensed apprentice, or
  136  auction business, or apprentice may not disseminate or cause to
  137  be disseminated any advertisement or advertising which is false,
  138  deceptive, misleading, or untruthful. Any advertisement or
  139  advertising is shall be deemed to be false, deceptive,
  140  misleading, or untruthful if it:
  141         1. Contains misrepresentations of facts.
  142         2. Is misleading or deceptive because, in its content or in
  143  the context in which it is presented, it makes only a partial
  144  disclosure of relevant facts.
  145         3. Creates false or unjustified expectations of the
  146  services to be performed.
  147         4. Contains any representation or claim which the
  148  advertising licensee fails to perform.
  149         5. Fails to include the name and license number of the
  150  principal auctioneer and the auction business.
  151         6. Fails to include the name and license number of the
  152  sponsor if an apprentice is acting as the principal auctioneer.
  153         7. Advertises an auction as absolute without specifying any
  154  and all items to be sold with reserve or with minimum bids.
  155         8. Fails to include the percentage amount of any buyer’s
  156  premium or surcharge which is a condition to sale.
  157         Section 7. Section 468.391, Florida Statutes, is amended to
  158  read:
  159         468.391 Penalty.—Any auctioneer, apprentice, or auction
  160  business or any owner or manager thereof, or, in the case of
  161  corporate ownership, any substantial stockholder of the
  162  corporation owning the auction business, who operates without an
  163  active license or written sponsorship consent or violates s.
  164  468.389(1)(c), (e), (f), (h), or (i) commits a felony of the
  165  third degree, punishable as provided in s. 775.082 or s.
  166  775.083.
  167         Section 8. Section 477.0132, Florida Statutes, is amended
  168  to read:
  169         (Substantial rewording of section. See
  170         s. 477.0132, F.S., for present text.)
  171         477.0132 Hair braiding, hair wrapping, and body wrapping;
  172  application of chapter.—This chapter does not apply to a person
  173  whose occupation or practice is confined solely to hair
  174  braiding, hair wrapping, or body wrapping.
  175         Section 9. Subsection (7) of section 477.019, Florida
  176  Statutes, is amended to read:
  177         477.019 Cosmetologists; qualifications; licensure;
  178  supervised practice; license renewal; endorsement; continuing
  179  education.—
  180         (7)(a) The board shall prescribe by rule continuing
  181  education requirements intended to ensure protection of the
  182  public through updated training of licensees and registered
  183  specialists, not to exceed 16 hours biennially, as a condition
  184  for renewal of a license or registration as a specialist under
  185  this chapter. Continuing education courses shall include, but is
  186  not be limited to, the following subjects as they relate to the
  187  practice of cosmetology: human immunodeficiency virus and
  188  acquired immune deficiency syndrome; Occupational Safety and
  189  Health Administration regulations; workers’ compensation issues;
  190  state and federal laws and rules as they pertain to
  191  cosmetologists, cosmetology, salons, specialists, specialty
  192  salons, and booth renters; chemical makeup as it pertains to
  193  hair, skin, and nails; and environmental issues. Courses given
  194  at cosmetology conferences may be counted toward the number of
  195  continuing education hours required if approved by the board.
  196         (b) Any person whose occupation or practice is confined
  197  solely to hair braiding, hair wrapping, or body wrapping is
  198  exempt from the continuing education requirements of this
  199  subsection.
  200         (b)(c) The board may, by rule, require any licensee in
  201  violation of a continuing education requirement to take a
  202  refresher course or refresher course and examination in addition
  203  to any other penalty. The number of hours for the refresher
  204  course may not exceed 48 hours.
  205         Section 10. Paragraph (f) of subsection (1) of section
  206  477.026, Florida Statutes, is amended to read:
  207         477.026 Fees; disposition.—
  208         (1) The board shall set fees according to the following
  209  schedule:
  210         (f) For hair braiders, hair wrappers, and body wrappers,
  211  fees for registration shall not exceed $25.
  212         Section 11. Paragraph (f) of subsection (1) of section
  213  477.0265, Florida Statutes, is amended to read:
  214         477.0265 Prohibited acts.—
  215         (1) It is unlawful for any person to:
  216         (f) Advertise or imply that skin care services or body
  217  wrapping, as performed under this chapter, have any relationship
  218  to the practice of massage therapy as defined in s. 480.033(3),
  219  except those practices or activities defined in s. 477.013.
  220         Section 12. Paragraph (a) of subsection (1) of section
  221  477.029, Florida Statutes, is amended to read:
  222         477.029 Penalty.—
  223         (1) It is unlawful for any person to:
  224         (a) Hold himself or herself out as a cosmetologist or ,
  225  specialist, hair wrapper, hair braider, or body wrapper unless
  226  duly licensed or registered, or otherwise authorized, as
  227  provided in this chapter.
  228         Section 13. Part VIII of chapter 559, Florida Statutes,
  229  consisting of sections 559.80, 559.801, 559.802, 559.803,
  230  559.805, 559.807, 559.809, 559.811, 559.813, and 559.815,
  231  Florida Statutes, is repealed.
  232         Section 14. Section 205.1971, Florida Statutes, is amended
  233  to read:
  234         205.1971 Sellers of travel; consumer protection.—A county
  235  or municipality may not issue or renew a business tax receipt to
  236  engage in business as a seller of travel pursuant to part X XI
  237  of chapter 559 unless such business exhibits a current
  238  registration or letter of exemption from the Department of
  239  Agriculture and Consumer Services.
  240         Section 15. Subsection (20) of section 501.604, Florida
  241  Statutes, is amended to read:
  242         501.604 Exemptions.—The provisions of this part, except ss.
  243  501.608 and 501.616(6) and (7), do not apply to:
  244         (20) A person who is registered pursuant to part X XI of
  245  chapter 559 and who is soliciting within the scope of the
  246  registration.
  247         Section 16. Paragraph (d) of subsection (3) of section
  248  721.11, Florida Statutes, is amended to read:
  249         721.11 Advertising materials; oral statements.—
  250         (3) The term “advertising material” does not include:
  251         (d) Any audio, written, or visual publication or material
  252  relating to the promotion of the availability of any
  253  accommodations or facilities, or both, for transient rental,
  254  including any arrangement governed by part X XI of chapter 559,
  255  so long as a mandatory tour of a timeshare plan or attendance at
  256  a mandatory sales presentation is not a term or condition of the
  257  availability of such accommodations or facilities, or both, and
  258  so long as the failure of any transient renter to take a tour of
  259  a timeshare plan or attend a sales presentation does not result
  260  in the transient renter receiving less than what was promised to
  261  the transient renter in such materials.
  262         Section 17. This act shall take effect July 1, 2013.