Florida Senate - 2014                                    SB 1616
       By Senator Sachs
       34-01425A-14                                          20141616__
    1                        A bill to be entitled                      
    2         An act relating to personal trainers; creating part
    3         XVII of ch. 468, F.S.; creating s. 468.851, F.S.;
    4         defining terms; creating s. 468.8511, F.S.; creating
    5         the Board of Personal Training; providing membership
    6         and terms of the board; providing the location of the
    7         headquarters of the board; creating s. 468.8512, F.S.;
    8         providing for the powers and duties of the board;
    9         creating s. 468.8513, F.S.; creating the Florida
   10         Fitness Instructors and Trainers Management
   11         Corporation; providing the purpose of the management
   12         corporation; authorizing the management corporation to
   13         hire staff; providing that the waiver of sovereign
   14         immunity for tort actions applies to the management
   15         corporation; providing that the management corporation
   16         is not an agency; providing the duties of the
   17         management corporation; creating s. 468.8514, F.S.;
   18         providing for the duties of the Department of Health;
   19         creating s. 468.8515, F.S.; requiring the board to
   20         adopt rules to administer the act; creating s.
   21         468.8516, F.S.; providing requirements for licensure
   22         by examination for personal trainers; creating s.
   23         468.8517, F.S.; requiring that the department renew a
   24         license under specified circumstances; requiring that
   25         the management corporation prescribe the requirements
   26         for continuing education; requiring that the
   27         continuing education meet certain criteria; creating
   28         s. 468.8518, F.S.; providing for licensure fees;
   29         creating s. 468.8519, F.S.; prohibiting sexual
   30         misconduct in the practice of personal training;
   31         creating s. 468.852, F.S.; providing penalties for
   32         violation of the act; specifying acts that constitute
   33         a violation; creating s. 468.8521, F.S.; providing
   34         criteria for disciplinary actions; creating s.
   35         468.8522, F.S.; providing for exemptions; providing an
   36         effective date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Part XVII of chapter 468, Florida Statutes,
   41  consisting of sections 468.851-468.8522, is created and entitled
   42  “Personal Trainers.”
   43         Section 2. Section 468.851, Florida Statutes, is created to
   44  read:
   45         468.851 Definitions.—As used in this part, the term:
   46         (1) “Board” means the Board of Personal Training
   47  established under s. 468.8511.
   48         (2) “Client” means a person who hires a personal trainer.
   49         (3) “Department” means the Department of Health.
   50         (4) “Management corporation” means the Florida Fitness
   51  Instructors and Trainers Management Corporation.
   52         (5) “Personal trainer” means a person who evaluates a
   53  client’s health and physical fitness; develops a personal
   54  exercise plan or program, or core-induced activity, for a
   55  client; or demonstrates, with or without equipment, exercises
   56  designed to improve cardiovascular condition, muscular strength,
   57  or flexibility or to assist a client in weight loss.
   58         Section 3. Section 468.8511, Florida Statutes, is created
   59  to read:
   60         468.8511 Board of Personal Training.—
   61         (1) The Board of Personal Training is created within the
   62  department and shall consist of nine members appointed by the
   63  Governor and confirmed by the Senate.
   64         (2) Five members of the board must be personal trainers who
   65  are certified by the Aerobics and Fitness Association of
   66  America, the National Academy of Sports Medicine, the American
   67  Council on Exercise, or their successor organizations. One
   68  member of the board must be a physician licensed under chapter
   69  458 or chapter 459. One member of the board must be a physician
   70  licensed under chapter 460. Two members of the board must be
   71  consumer members, each of whom is a resident of this state who
   72  has never worked as a personal trainer, who has no financial
   73  interest in the practice of personal training, and who has never
   74  been a licensed health care practitioner as defined in s.
   75  456.001.
   76         (3) For the purpose of staggering terms, the Governor shall
   77  appoint the initial members of the board as follows:
   78         (a) One consumer, one personal trainer, and one physician,
   79  to 2-year terms.
   80         (b) One consumer, one personal trainer, and one physician,
   81  to 3-year terms.
   82         (c) Three personal trainers to 4-year terms.
   83         (4) As the terms of the members expire, the Governor shall
   84  appoint successors to 4-year terms.
   85         (5) The provisions of chapter 456 relating to activities of
   86  the board apply.
   87         (6) The board shall maintain its official headquarters in
   88  Tallahassee.
   89         Section 4. Section 468.8512, Florida Statutes, is created
   90  to read:
   91         468.8512 Powers and duties of the board.—The board shall:
   92         (1) Establish education and training standards for initial
   93  licensure and renewal of licenses.
   94         (2) Approve educational programs for initial licensure.
   95         (3) Establish a code of ethics and standards of practice
   96  and care for personal trainers.
   97         Section 5. Section 468.8513, Florida Statutes, is created
   98  to read:
   99         468.8513 The Florida Fitness Instructors and Trainers
  100  Management Corporation.—The Florida Fitness Instructors and
  101  Trainers Management Corporation is created as a not-for-profit
  102  corporation to provide administrative and professional services
  103  to the board in accordance with chapter 456 and this part. An
  104  additional not-for-profit corporation may not be created to
  105  provide these services to the board.
  106         (1) The management corporation may hire staff as necessary
  107  to carry out its functions. Such staff members are not public
  108  employees for the purposes of chapter 110 or chapter 112.
  109         (2) Section 768.28 applies to the management corporation,
  110  which is deemed to be a corporation primarily acting as an
  111  instrumentality of the state but is not an agency as defined in
  112  s. 20.03. Section 768.28 also applies to the management
  113  corporation’s officers, directors, and employees.
  114         (3) The management corporation shall:
  115         (a) Be a Florida corporation, not for profit, incorporated
  116  under chapter 617.
  117         (b) Provide administrative and professional services to the
  118  board in accordance with chapter 456 and this part.
  119         (c) Administer and certify continuing education credits,
  120  and establish and collect fees for administering and certifying
  121  such credits.
  122         (d) Establish procedures for the issuance of credit upon
  123  satisfactory proof of completion of educational programs.
  124         (e) Foster the integrity, ethics, and professionalism of
  125  personal trainers for the state.
  126         (f) Protect the public through the safe, proper, and
  127  prudent provision of personal training services.
  128         (g) Regulate continuing education courses for personal
  129  trainers, and establish fees for such regulation.
  130         (h) Perform all other functions necessary to effectuate
  131  this subsection.
  132         (4) The management corporation may:
  133         (a) In the event of a capital surplus, expend sums related
  134  to furthering the advancement of personal training.
  135         (b) Perform any other function not prohibited by law.
  136         Section 6. Section 468.8514, Florida Statutes, is created
  137  to read:
  138         468.8514 Duties of the department.—The department shall:
  139         (1) Issue initial and renewal licenses to qualified
  140  applicants.
  141         (2) Revoke or suspend the license of a personal trainer
  142  upon order of the board.
  143         (3) Maintain a record of each personal trainer licensed in
  144  the state and the date of licensure and license number.
  145         (4) Maintain records of disciplinary action taken against a
  146  personal trainer.
  147         Section 7. Section 468.8515, Florida Statutes, is created
  148  to read:
  149         468.8515 Rulemaking authority.—The board shall adopt rules
  150  to administer this part. The rules must include, but need not be
  151  limited to, the allowable scope of practice regarding the use of
  152  equipment, licensure requirements, licensure examinations, fees,
  153  records, reports to be filed by licensees, protocols, and other
  154  requirements necessary to regulate the practice of personal
  155  training.
  156         Section 8. Section 468.8516, Florida Statutes, is created
  157  to read:
  158         468.8516 Licensure by examination; requirements.—A person
  159  who is engaged in personal training must be licensed in this
  160  state. Application for a license must be filed with the
  161  department on a form approved by the department. The department
  162  shall license an applicant who meets all of the following
  163  requirements:
  164         (1) Has completed the application and remitted the required
  165  fees.
  166         (2) Is at least 18 years of age.
  167         (3) Has a high school diploma or its equivalent.
  168         (4) Has obtained the required certification from a program
  169  that is accredited by the National Commission for Certifying
  170  Agencies or the Distance Education and Training Council and that
  171  is recognized and approved by the board.
  172         (5) Has a current certification in cardiovascular pulmonary
  173  resuscitation with an automated external defibrillator from the
  174  American Red Cross or the American Heart Association, or an
  175  equivalent certification as determined by the management
  176  corporation.
  177         (6) Has passed the licensure examination administered by
  178  the board.
  179         (7) Is in good standing with the board and the management
  180  corporation.
  181         Section 9. Section 468.8517, Florida Statutes, is created
  182  to read:
  183         468.8517 Renewal of license; continuing education.—
  184         (1) The department shall renew a license upon receipt of
  185  the renewal application and fee if the applicant is in
  186  compliance with this part and department rules.
  187         (2) The management corporation shall prescribe by rule the
  188  requirements for continuing education, which may not exceed 24
  189  hours of credit every 2 years. The criteria for continuing
  190  education must include training from the American Red Cross or
  191  the American Heart Association for certification in
  192  cardiovascular pulmonary resuscitation with an automated
  193  external defibrillator, or an equivalent certification as
  194  determined by the management corporation.
  195         Section 10. Section 468.8518, Florida Statutes, is created
  196  to read:
  197         468.8518 Fees.—
  198         (1) The board shall establish by rule fees for the
  199  following purposes:
  200         (a) An application fee, not to exceed $100.
  201         (b) An examination fee, not to exceed $200.
  202         (c) An initial licensure fee, not to exceed $200.
  203         (d) A biennial license renewal fee, not to exceed $200.
  204         (e) An inactive license fee, not to exceed $100.
  205         (f) A delinquent application fee, not to exceed $100.
  206         (g) A license reactivation fee, not to exceed $100.
  207         (h) A voluntary inactive license fee, not to exceed $100.
  208         (2) Subject to subsection (1), the board shall establish
  209  fees for licensure, application, activation, and examination
  210  which are adequate to ensure the continued operation of the
  211  regulatory program. Fees may not be set at a level that results
  212  in revenue that substantially exceeds operating costs.
  213         Section 11. Section 468.8519, Florida Statutes, is created
  214  to read:
  215         468.8519 Sexual misconduct.—Sexual misconduct by a person
  216  licensed as a personal trainer is prohibited. For purposes of
  217  this section, the term “sexual misconduct” means to induce or
  218  attempt to induce a client to engage, or to engage or attempt to
  219  engage the client, in sexual activity.
  220         Section 12. Section 468.852, Florida Statutes, is created
  221  to read:
  222         468.852 Violations and penalties.—A person commits a
  223  misdemeanor of the first degree, punishable as provided under s.
  224  775.082 or s. 775.083, if the person:
  225         (1) Practices personal training for compensation without
  226  holding an active license under this part.
  227         (2) Uses or attempts to use a personal trainer license that
  228  has been suspended or revoked.
  229         (3) Knows or should have known that an individual whom the
  230  person employs in the practice of personal training is
  231  unlicensed.
  232         (4) Knows or should have known that an unlicensed
  233  individual is using a person’s facilities for the practice of
  234  personal training.
  235         (5) Obtains or attempts to obtain a personal trainer
  236  license by misleading statements or misrepresentations.
  237         (6) Uses the title “personal trainer” without being
  238  licensed under this part.
  239         Section 13. Section 468.8521, Florida Statutes, is created
  240  to read:
  241         468.8521 Disciplinary actions.—
  242         (1) The following acts are grounds for denial of a license
  243  or disciplinary action as specified in s. 456.072(2):
  244         (a) Failure to include the name and license number of the
  245  personal trainer in advertising or promotional materials,
  246  including, but not limited to, business cards and letterhead,
  247  related to the practice of personal training. Advertising or
  248  promotional materials do not include clothing or novelty items.
  249         (b) Incompetency or misconduct in the practice of personal
  250  training.
  251         (c) Fraud or deceit in the practice of personal training.
  252         (d) Gross negligence or repeated negligence in the practice
  253  of personal training.
  254         (e) Inability to practice personal training with reasonable
  255  skill and safety by reason of illness or as a result of a mental
  256  or physical condition.
  257         (2) The board may enter an order under s. 456.072(2)
  258  denying licensure or imposing a penalty against an applicant for
  259  licensure or a licensee who is found guilty of violating
  260  subsection (1) or s. 456.072(1).
  261         Section 14. Section 468.8522, Florida Statutes, is created
  262  to read:
  263         468.8522 Exemptions.—This part does not prevent or
  264  restrict:
  265         (1) The professional practice of a licensee of the
  266  department who is acting within the scope of that practice.
  267         (2) A personal training student acting under the direct
  268  supervision of a licensed personal trainer.
  269         (3) A person from administering standard first aid
  270  treatment.
  271         (4) A person from acting within the scope of a license
  272  issued under chapter 548, if the person is acting within the
  273  scope of that license.
  274         Section 15. This act shall take effect December 31, 2014.