Bill Text: FL S1616 | 2014 | Regular Session | Introduced
Bill Title: Personal Trainers
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-05-02 - Died in Health Policy [S1616 Detail]
Download: Florida-2014-S1616-Introduced.html
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. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 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.