Bill Text: FL S0720 | 2013 | Regular Session | Comm Sub
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-Comm_Sub.html
Florida Senate - 2013 CS for SB 720 By the Committee on Regulated Industries; and Senator Brandes 580-02839-13 2013720c1 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 for a study 20 and report to the Legislature by the Office of Program 21 Policy Analysis and Government Accountability; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsection (10) is added to section 468.383, 27 Florida Statutes, to read: 28 468.383 Exemptions.—This act does not apply to the 29 following: 30 (10) Motor vehicle auctions, as defined in s. 320.27, 31 conducted by auctioneers licensed in other states and held for 32 the purpose of conducting sanctioned contests among auctioneers, 33 if an auctioneer licensed pursuant to this part is on site to 34 monitor the sanctioned contest. 35 Section 2. Subsections (3), (5), (6), (7), and (8) of 36 section 468.385, Florida Statutes, are amended to read: 37 468.385 Licenses required; qualifications; examination.— 38 (3) ANoperson may notshallbe licensed as an auctioneer 39or apprenticeif he or she: 40 (a) Is under 18 years of age; or 41 (b) Has committed any act or offense in this state or any 42 other jurisdiction which would constitute a basis for 43 disciplinary action under s. 468.389. 44 (5) Each apprentice shall work under the supervision of 45application and license shall namea licensed auctioneer who has 46 agreed to serve as the supervisor of the apprentice. AnNo47 apprentice may not conduct, or contract to conduct, an auction 48 without the express approval of his or her supervisor. The 49 supervisor shall regularly review the apprentice’s records, 50 which are required by the board to be maintained, to determine 51 if such records are accurate and current. 52 (6) ANoperson may notshallbe licensed as an auctioneer 53 unless he or she: 54 (a) Hasheld an apprentice license and hasserved as an 55 apprentice for 1 year or more, or has completed a course of 56 study, consisting of not less than 80 classroom hours of 57 instruction, that meets standards adopted by the board; 58 (b) Has passed the required examination; and 59 (c) Is approved by the board. 60 (7)(a) Any auction that is subject tothe provisions of61 this part must be conducted by an auctioneer who has an active 62 license or an apprentice who is actively supervised by a 63 licensed sponsorhas an active apprentice auctioneer license and64who has received prior written sponsor consent. 65 (b) ANobusiness may notshallauction or offer to auction 66 any property in this state unless it is licensed as an auction 67 business by the board or is exempt from licensure under this 68 act. Each application for licensure shall include the names of 69 the owner and the business, the business mailing address and 70 location, and any other information which the board may require. 71 The owner of an auction business shall report to the board 72 within 30 days afterofany change in this required information. 73 (8) A license issued by the department to an auctioneer,74apprentice,or auction business is not transferable. 75 Section 3. Section 468.381, Florida Statutes, is amended to 76 read: 77 468.381 Purpose.—The Legislature finds that unqualified 78 auctioneersand apprenticesand unreliable auction businesses 79 present a significant threat to the public. It is the intent of 80 the Legislature to protect the public by creating a board to 81 regulate auctioneers, apprentices,and auction businessesandby 82 requiring a license to operate. 83 Section 4. Subsection (3) of section 468.384, Florida 84 Statutes, is amended to read: 85 468.384 Florida Board of Auctioneers.— 86 (3) The board shall receive and act upon applications for 87 auctioneer, apprentice,and auction business licenses and shall 88 have the power to issue, suspend, and revoke such licenses and 89 to take such other action as is necessary to carry out the 90 provisions of this act. 91 Section 5. Subsections (5) through (10) of section 92 468.3855, Florida Statutes, are amended, and a new subsection 93 (9) is added to that section, to read: 94 468.3855 Apprenticeship training requirements.— 95(5) Each apprentice and sponsor shall file reports as96required by board rule.97 (5)(6)A sponsor may not authorize an apprentice to conduct 98 an auction or act as principal auctioneer unless the sponsor has 99 determined that the apprentice has received adequate training to 100 do so. 101 (6)(7)The sponsor isshall beresponsible for any acts or 102 omissions of the apprentice which constitute a violation of law 103 in relation to the conduct of an auction. 104(8) All apprentice applications shall be valid for a period105of 6 months after board approval. Any applicant who fails to106complete the licensure process within that time shall be107required to make application as a new applicant.108 (7)(9)Anylicensedapprentice who wishes to change the 109 sponsor under whom he or she is supervisedlicensed must submit110a new application and application fee. However, a new license111fee shall not be required and creditshall be awarded credit for 112 training received or any period of apprenticeship served under 113 the previous sponsor. 114 (8)(10)Credit for training received or any period of 115 apprenticeship served isshallnotbeallowed unless it occurred 116 under the supervision of the sponsorunder whose supervision the117apprentice is licensed. 118 (9) An apprentice must submit verification of his or her 119 apprenticeship signed by the sponsors on a form prescribed by 120 the department at the time of submitting the application for an 121 auctioneer license. 122 Section 6. Subsection (4) and paragraph (b) of subsection 123 (11) of section 468.388, Florida Statutes, are amended to read: 124 468.388 Conduct of an auction.— 125 (4) Each auction must be conducted by an auctioneer who has 126 an active license or by an apprenticewho has an active127apprentice auctioneer license andwho has received prior written 128 sponsor consent. Each auction must be conducted under the 129 auspices of a licensed auction business. Any auctioneer or 130 apprentice auctioneer conducting an auction, and any auction 131 business under whose auspices such auction is held, shall be 132 responsible for determining that any auctioneer, apprentice, or 133 auction business with whom they are associated in conducting 134 such auction has an active Florida auctioneer, apprentice,or 135 auction business license. 136 (11) 137 (b) ANolicensed auctioneer, licensedapprentice, or138 auction business, or apprentice may not disseminate or cause to 139 be disseminated any advertisement or advertising which is false, 140 deceptive, misleading, or untruthful. Any advertisement or 141 advertising isshall be deemed to befalse, deceptive, 142 misleading, or untruthful if it: 143 1. Contains misrepresentations of facts. 144 2. Is misleading or deceptive because, in its content or in 145 the context in which it is presented, it makes only a partial 146 disclosure of relevant facts. 147 3. Creates false or unjustified expectations of the 148 services to be performed. 149 4. Contains any representation or claim which the 150 advertising licensee fails to perform. 151 5. Fails to include the name and license number of the 152 principal auctioneer and the auction business. 153 6. Fails to include the name and license number of the 154 sponsor if an apprentice is acting as the principal auctioneer. 155 7. Advertises an auction as absolute without specifying any 156 and all items to be sold with reserve or with minimum bids. 157 8. Fails to include the percentage amount of any buyer’s 158 premium or surcharge which is a condition to sale. 159 Section 7. Section 468.391, Florida Statutes, is amended to 160 read: 161 468.391 Penalty.—Any auctioneer, apprentice, or auction 162 business or any owner or manager thereof, or, in the case of 163 corporate ownership, any substantial stockholder of the 164 corporation owning the auction business, who operates without an 165 active license or written sponsorship consent or violates s. 166 468.389(1)(c), (e), (f), (h), or (i) commits a felony of the 167 third degree, punishable as provided in s. 775.082 or s. 168 775.083. 169 Section 8. Section 477.0132, Florida Statutes, is amended 170 to read: 171 (Substantial rewording of section. See 172 s. 477.0132, F.S., for present text.) 173 477.0132 Hair braiding, hair wrapping, and body wrapping; 174 application of chapter.—This chapter does not apply to a person 175 whose occupation or practice is confined solely to hair 176 braiding, hair wrapping, or body wrapping. 177 Section 9. Subsection (7) of section 477.019, Florida 178 Statutes, is amended to read: 179 477.019 Cosmetologists; qualifications; licensure; 180 supervised practice; license renewal; endorsement; continuing 181 education.— 182 (7)(a) The board shall prescribe by rule continuing 183 education requirements intended to ensure protection of the 184 public through updated training of licensees and registered 185 specialists, not to exceed 16 hours biennially, as a condition 186 for renewal of a license or registration as a specialist under 187 this chapter. Continuing education courses shall include, but is 188 notbelimited to, the following subjects as they relate to the 189 practice of cosmetology: human immunodeficiency virus and 190 acquired immune deficiency syndrome; Occupational Safety and 191 Health Administration regulations; workers’ compensation issues; 192 state and federal laws and rules as they pertain to 193 cosmetologists, cosmetology, salons, specialists, specialty 194 salons, and booth renters; chemical makeup as it pertains to 195 hair, skin, and nails; and environmental issues. Courses given 196 at cosmetology conferences may be counted toward the number of 197 continuing education hours required if approved by the board. 198(b) Any person whose occupation or practice is confined199solely to hair braiding, hair wrapping, or body wrapping is200exempt from the continuing education requirements of this201subsection.202 (b)(c)The board may, by rule, require any licensee in 203 violation of a continuing education requirement to take a 204 refresher course or refresher course and examination in addition 205 to any other penalty. The number of hours for the refresher 206 course may not exceed 48 hours. 207 Section 10. Paragraph (f) of subsection (1) of section 208 477.026, Florida Statutes, is amended to read: 209 477.026 Fees; disposition.— 210 (1) The board shall set fees according to the following 211 schedule: 212(f) For hair braiders, hair wrappers, and body wrappers,213fees for registration shall not exceed $25.214 Section 11. Paragraph (f) of subsection (1) of section 215 477.0265, Florida Statutes, is amended to read: 216 477.0265 Prohibited acts.— 217 (1) It is unlawful for any person to: 218 (f) Advertise or imply that skin care servicesor body219wrapping, as performed under this chapter, have any relationship 220 to the practice of massage therapy as defined in s. 480.033(3), 221 except those practices or activities defined in s. 477.013. 222 Section 12. Paragraph (a) of subsection (1) of section 223 477.029, Florida Statutes, is amended to read: 224 477.029 Penalty.— 225 (1) It is unlawful for any person to: 226 (a) Hold himself or herself out as a cosmetologist or,227 specialist,hair wrapper, hair braider, or body wrapperunless 228 duly licensed or registered, or otherwise authorized, as 229 provided in this chapter. 230 Section 13. Part VIII of chapter 559, Florida Statutes, 231 consisting of sections 559.80, 559.801, 559.802, 559.803, 232 559.805, 559.807, 559.809, 559.811, 559.813, and 559.815, 233 Florida Statutes, is repealed. 234 Section 14. Section 205.1971, Florida Statutes, is amended 235 to read: 236 205.1971 Sellers of travel; consumer protection.—A county 237 or municipality may not issue or renew a business tax receipt to 238 engage in business as a seller of travel pursuant to part XXI239 of chapter 559 unless such business exhibits a current 240 registration or letter of exemption from the Department of 241 Agriculture and Consumer Services. 242 Section 15. Subsection (20) of section 501.604, Florida 243 Statutes, is amended to read: 244 501.604 Exemptions.—The provisions of this part, except ss. 245 501.608 and 501.616(6) and (7), do not apply to: 246 (20) A person who is registered pursuant to part XXIof 247 chapter 559 and who is soliciting within the scope of the 248 registration. 249 Section 16. Paragraph (d) of subsection (3) of section 250 721.11, Florida Statutes, is amended to read: 251 721.11 Advertising materials; oral statements.— 252 (3) The term “advertising material” does not include: 253 (d) Any audio, written, or visual publication or material 254 relating to the promotion of the availability of any 255 accommodations or facilities, or both, for transient rental, 256 including any arrangement governed by part XXIof chapter 559, 257 so long as a mandatory tour of a timeshare plan or attendance at 258 a mandatory sales presentation is not a term or condition of the 259 availability of such accommodations or facilities, or both, and 260 so long as the failure of any transient renter to take a tour of 261 a timeshare plan or attend a sales presentation does not result 262 in the transient renter receiving less than what was promised to 263 the transient renter in such materials. 264 Section 17. The Office of Program Policy Analysis and 265 Government Accountability shall review all regulated or licensed 266 businesses and professions under the jurisdiction of the 267 Department of Business and Professional Regulation and shall 268 submit a report to the President of the Senate and the Speaker 269 of the House of Representatives by January 1, 2014. The report 270 must include a description of the current regulatory scheme for 271 each business or profession, and a discussion of the 272 feasibility, if any, of and recommendations for changing from 273 the current licensure system to a self-regulating system that 274 includes a minimum standard of insurance or bond requirements 275 for each regulated business or profession. 276 Section 18. This act shall take effect July 1, 2013.