Bill Text: FL S0720 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Deregulation of Professions and Occupations
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Commerce and Tourism, companion bill(s) passed, see CS/CS/HB 7023 (Ch. 2013-251) [S0720 Detail]
Download: Florida-2013-S0720-Introduced.html
Bill Title: Deregulation of Professions and Occupations
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Commerce and Tourism, companion bill(s) passed, see CS/CS/HB 7023 (Ch. 2013-251) [S0720 Detail]
Download: Florida-2013-S0720-Introduced.html
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. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 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) ANoperson may notshallbe licensed as an auctioneer 37or apprenticeif 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 43application and license shall namea licensed auctioneer who has 44 agreed to serve as the supervisor of the apprentice. AnNo45 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) ANoperson may notshallbe licensed as an auctioneer 51 unless he or she: 52 (a) Hasheld an apprentice license and hasserved 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 tothe provisions of59 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 sponsorhas an active apprentice auctioneer license and62who has received prior written sponsor consent. 63 (b) ANobusiness may notshallauction 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 afterofany change in this required information. 71 (8) A license issued by the department to an auctioneer,72apprentice,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 auctioneersand apprenticesand 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 businessesandby 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 as94required 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 isshall beresponsible 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 period103of 6 months after board approval. Any applicant who fails to104complete the licensure process within that time shall be105required to make application as a new applicant.106 (7)(9)Anylicensedapprentice who wishes to change the 107 sponsor under whom he or she is supervisedlicensed must submit108a new application and application fee. However, a new license109fee shall not be required and creditshall 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 isshallnotbeallowed unless it occurred 114 under the supervision of the sponsorunder whose supervision the115apprentice 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 apprenticewho has an active125apprentice auctioneer license andwho 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) ANolicensed auctioneer, licensedapprentice, or136 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 isshall be deemed to befalse, 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 notbelimited 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 confined197solely to hair braiding, hair wrapping, or body wrapping is198exempt from the continuing education requirements of this199subsection.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,211fees 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 servicesor body217wrapping, 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 wrapperunless 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 XXI237 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 XXIof 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 XXIof 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.