reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.407 - License; content; posting.

468.407 License; content; posting.—
(1) The talent agency license shall be valid for the biennial period in which issued and shall be in such form as may be determined by the department, but shall at least specify the name under which the applicant is to operate, the address of the place of business, the expiration date of the license, the full names and titles of the owner and the operator, and the number of the license.
(2) The talent agency license shall at all times be displayed conspicuously in the place of business in such manner as to be open to the view of the public and subject to the inspection of all duly authorized officers of the state and county.
(3) If a licensee desires to cancel his or her license, he or she must notify the department and forthwith return to the department the license so canceled. No license fee may be refunded upon cancellation of the license.
History.—ss. 7, 15, ch. 86-292; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429; s. 25, ch. 94-119; s. 308, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.408 - Bond required.

468.408 Bond required.—
(1) There shall be filed with the department for each talent agency license a bond in the form of a surety by a reputable company engaged in the bonding business and authorized to do business in this state. The bond shall be for the penal sum of $5,000, with one or more sureties to be approved by the department, and be conditioned that the applicant conform to and not violate any of the duties, terms, conditions, provisions, or requirements of this part.
(a) If any person is aggrieved by the misconduct of any talent agency, the person may maintain an action in his or her own name upon the bond of the agency in any court having jurisdiction of the amount claimed. All such claims shall be assignable, and the assignee shall be entitled to the same remedies, upon the bond of the agency or otherwise, as the person aggrieved would have been entitled to if such claim had not been assigned. Any claim or claims so assigned may be enforced in the name of such assignee.
(b) The bonding company shall notify the department of any claim against such bond, and a copy of such notice shall be sent to the talent agency against which the claim is made.
(2) Any remedies provided in this section shall not be exclusive of any other remedy. This relief shall be cumulative to any other remedies the aggrieved person may have.
History.—ss. 8, 15, ch. 86-292; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429; s. 309, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.409 - Records required to be kept.

468.409 Records required to be kept.—Each talent agency shall keep on file the application, registration, or contract of each artist. In addition, such file must include the name and address of each artist, the amount of the compensation received, and all attempts to procure engagements for the artist. No such agency or employee thereof shall knowingly make any false entry in applicant files or receipt files. Each card or document in such files shall be preserved for a period of 1 year after the date of the last entry thereon. Records required under this section shall be readily available for inspection by the department during reasonable business hours at the talent agency’s principal office. A talent agency must provide the department with true copies of the records in the manner prescribed by the department.
History.—ss. 9, 15, ch. 86-292; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429; s. 26, ch. 94-119; s. 6, ch. 2009-195.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.410 - Prohibition against registration fees; referral.

468.410 Prohibition against registration fees; referral.—
(1) A talent agency may not charge a registration fee.
(2) No talent agency shall, as a condition to registering or obtaining employment for any applicant or artist, require the applicant or artist to subscribe to, purchase, or attend any publication, postcard service, advertisement, resume service, photography service, school, acting school, workshop, acting workshop, or video or audiotapes.
(3) A talent agency shall give each applicant a copy of a contract, within 24 hours after the contract’s execution, which lists the services to be provided and the fees to be charged. The contract shall state that the talent agency is regulated by the department and shall list the address and telephone number of the department.
History.—ss. 10, 15, ch. 86-292; s. 2, ch. 90-202; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429; s. 27, ch. 94-119; s. 7, ch. 2009-195.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.411 - Labor disputes; statements required.

468.411 Labor disputes; statements required.—No talent agency shall knowingly send any person who has received a motion picture or videotape engagement or any other engagement to any place where a strike, lockout, or other labor dispute is in active progress, without first notifying that person of such conditions.
History.—ss. 11, 15, ch. 86-292; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.414 - Collection and deposit of moneys; appropriation.

468.414 Collection and deposit of moneys; appropriation.—Proceeds from the fines, fees, and penalties imposed pursuant to this part shall be deposited in the Professional Regulation Trust Fund, created by s. 215.37.
History.—ss. 14, 15, ch. 86-292; s. 63, ch. 91-137; s. 13, ch. 91-156; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VII - Talent Agencies (Ss. 468.401-468.415) › 468.415 - Sexual misconduct in the operation of a talent agency.

468.415 Sexual misconduct in the operation of a talent agency.—The talent agent-artist relationship is founded on mutual trust. Sexual misconduct in the operation of a talent agency means violation of the talent agent-artist relationship through which the talent agent uses the relationship to induce or attempt to induce the artist to engage or attempt to engage in sexual activity. Sexual misconduct is prohibited in the operation of a talent agency. If any agent, owner, or operator of a licensed talent agency is found to have committed sexual misconduct in the operation of a talent agency, the agency license shall be permanently revoked. Such agent, owner, or operator shall be permanently disqualified from present and future licensure as owner or operator of a Florida talent agency.
History.—ss. 3, 4, ch. 89-66; ss. 63, 65, ch. 91-137; ss. 13, 15, ch. 91-156; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.4315 - Regulatory Council of Community Association Managers.

468.4315 Regulatory Council of Community Association Managers.—
(1) The Regulatory Council of Community Association Managers is created within the department and shall consist of seven members appointed by the Governor and confirmed by the Senate.
(a) Five members of the council shall be licensed community association managers, one of whom may be a community association manager employed by a timeshare managing entity as described in ss. 468.438 and 721.13, who have held an active license for at least 5 years. The remaining two council members shall be residents of this state, must not be or ever have been connected with the business of community association management, and shall not be prohibited from serving because the member is or has been a resident or board member of a community association.
(b) The Governor shall appoint members for terms of 4 years. Such members shall serve until their successors are appointed. Members’ service on the council shall begin upon appointment and shall continue until their successors are appointed.
(2) The council may adopt rules relating to the licensure examination, continuing education requirements, continuing education providers, fees, and professional practice standards to assist the department in carrying out the duties and authorities conferred upon the department by this part.
(3) To the extent the council is authorized to exercise functions otherwise exercised by a board pursuant to chapter 455, the provisions of chapter 455 and s. 20.165 relating to regulatory boards shall apply, including, but not limited to, provisions relating to board rules and the accountability and liability of board members. All proceedings and actions of the council are subject to the provisions of chapter 120. In addition, the provisions of chapter 455 and s. 20.165 shall apply to the department in carrying out the duties and authorities conferred upon the department by this part.
(4) The council may establish a public education program relating to professional community association management.
(5) Members of the council shall serve without compensation but are entitled to receive per diem and travel expenses pursuant to s. 112.061 while carrying out business approved by the council.
(6) The responsibilities of the council shall include, but not be limited to:
(a) Receiving input regarding issues of concern with respect to community association management and recommendations for changes in applicable laws.
(b) Reviewing, evaluating, and advising the division concerning revisions and adoption of rules affecting community association management.
(c) Recommending improvements, if needed, in the education programs offered by the division.
History.—ss. 10, 14, ch. 87-343; s. 4, ch. 91-429; s. 3, ch. 94-350; s. 3, ch. 96-291; s. 87, ch. 98-166; s. 162, ch. 99-251; s. 2, ch. 99-350; s. 146, ch. 2000-160; s. 2, ch. 2008-28.
Note.—Former s. 468.434.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.432 - Licensure of community association managers and community association management firms; exceptions.

468.432 Licensure of community association managers and community association management firms; exceptions.—
(1) A person shall not manage or hold herself or himself out to the public as being able to manage a community association in this state unless she or he is licensed by the department in accordance with the provisions of this part. However, nothing in this part prohibits any person licensed in this state under any other law or court rule from engaging in the profession for which she or he is licensed.
(2) A community association management firm or other similar organization responsible for the management of more than 10 units or a budget of $100,000 or greater shall not engage or hold itself out to the public as being able to engage in the business of community association management in this state unless it is licensed by the department as a community association management firm in accordance with the provisions of this part.
(a) A community association management firm or other similar organization desiring to be licensed as a community association management firm shall apply to the department on a form approved by the department, together with the application and licensure fees required by s. 468.435(1)(a) and (c). Each community association management firm applying for licensure under this subsection must be actively registered and authorized to do business in this state.
(b) Each applicant shall designate on its application a licensed community association manager who shall be required to respond to all inquiries from and investigations by the department or division.
(c) Each licensed community association management firm shall notify the department within 30 days after any change of information contained in the application upon which licensure is based.
(d) Community association management firm licenses shall expire on September 30 of odd-numbered years and shall be renewed every 2 years. An application for renewal shall be accompanied by the renewal fee as required by s. 468.435(1)(d).
(e) The department shall license each applicant whom the department certifies as meeting the requirements of this subsection.
(f) If the license of at least one individual active community association manager member is not in force, the license of the community association management firm or other similar organization is canceled automatically during that time.
(g) Any community association management firm or other similar organization agrees by being licensed that it will employ only licensed persons in the direct provision of community association management services as described in s. 468.431(3).
History.—ss. 8, 14, ch. 87-343; s. 2, ch. 89-155; s. 4, ch. 91-429; s. 4, ch. 96-291; s. 1114, ch. 97-103; s. 3, ch. 2008-28; s. 58, ch. 2009-21; s. 84, ch. 2019-3.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.4334 - Professional practice standards; liability.

468.4334 Professional practice standards; liability.—
(1)(a) A community association manager or a community association management firm is deemed to act as agent on behalf of a community association as principal within the scope of authority authorized by a written contract or under this chapter. A community association manager and a community association management firm shall discharge duties performed on behalf of the association as authorized by this chapter loyally, skillfully, and diligently; dealing honestly and fairly; in good faith; with care and full disclosure to the community association; accounting for all funds; and not charging unreasonable or excessive fees.
(b) If a community association manager or a community association management firm has a contract with a community association that is subject to s. 553.899, the community association manager or the community association management firm must comply with that section as directed by the board.
(2)(a) A contract between a community association and a community association manager or a contract between a community association and a community association management firm may provide that the community association indemnifies and holds harmless the community association manager and the community association management firm for ordinary negligence resulting from the manager or management firm’s act or omission that is the result of an instruction or direction of the community association. This paragraph does not preclude any other negotiated indemnity or hold harmless provision.
(b) Indemnification under paragraph (a) may not cover any act or omission that violates a criminal law; derives an improper personal benefit, either directly or indirectly; is grossly negligent; or is reckless, is in bad faith, is with malicious purpose, or is in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
History.—s. 2, ch. 2014-146; s. 2, ch. 2022-269; s. 1, ch. 2023-203.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.4336 - Renewal of license.

468.4336 Renewal of license.—
(1) The department shall renew a license upon receipt of the renewal application and fee and upon proof of compliance with the continuing education requirements of s. 468.4337.
(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.
History.—s. 6, ch. 96-291.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.4337 - Continuing education.

468.4337 Continuing education.—The department may not renew a license until the licensee submits proof that the licensee has completed the requisite hours of continuing education. No more than 10 hours of continuing education annually shall be required for renewal of a license. The number of hours, criteria, and course content shall be approved by the council by rule.
History.—s. 7, ch. 96-291.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.4338 - Reactivation; continuing education.

468.4338 Reactivation; continuing education.—The council shall prescribe by rule continuing education requirements for reactivating a license. The continuing education requirements for reactivating a license may not exceed one renewal cycle of continuing education.
History.—s. 8, ch. 96-291; s. 5, ch. 2012-61.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.435 - Fees; establishment; disposition.

468.435 Fees; establishment; disposition.—
(1) The council shall establish fees for the described purposes and within the ranges specified in this section:
(a) Application fee: not less than $25, or more than $50.
(b) Examination fee: not less than $25, or more than $100.
(c) Initial license fee: not less than $25, or more than $100.
(d) Renewal of license fee: not less than $25, or more than $100.
(e) Delinquent license fee: not less than $25, or more than $50.
(f) Inactive license fee: not less than $10, or more than $25.
(2) Until the council establishes fees under subsection (1), the lower amount in each range shall apply.
(3) Fees collected under this section shall be deposited to the credit of the Professional Regulation Trust Fund.
(4) The council shall establish fees that are adequate to fund the cost to implement the provisions of this part. Fees shall be based on the department estimates of the revenue required to implement this part and the provisions of law with respect to the regulation of community association managers.
History.—ss. 11, 14, ch. 87-343; s. 4, ch. 91-429; s. 9, ch. 96-291; s. 43, ch. 2015-4.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.4365 - Availability of disciplinary records and proceedings.

468.4365 Availability of disciplinary records and proceedings.—Notwithstanding s. 455.225, any complaint or record maintained by the Department of Business and Professional Regulation pursuant to the discipline of a licensed community association manager and any proceeding held by the department to discipline a licensed community association manager shall remain open and available to the public.
History.—s. 11, ch. 96-291.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.437 - Penalties.

468.437 Penalties.—Any person who violates any of the provisions of this part shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 13, 14, ch. 87-343; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part VIII - Community Association Management (Ss. 468.431-468.438) › 468.438 - Timeshare management firms.

468.438 Timeshare management firms.—
(1) The provisions of this section apply only to community association management performed by a management firm acting as managing entity of a timeshare plan pursuant to chapter 721.
(2) A timeshare management firm shall only be required to employ at least one individual licensed under this part at each noncontiguous geographic location at which the management firm provides community association management. No other person providing community association management on behalf of such management firms shall be required to hold a license pursuant to this part, provided that any community association management provided pursuant to this section must be performed under the direct supervision and control of a licensed community association manager. A community association manager licensed pursuant to this part and employed by a timeshare management firm pursuant to this section assumes responsibility for all community association management performed by unlicensed persons employed by the timeshare management firm.
History.—s. 6, ch. 94-350.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part IX - Athlete Agents (Ss. 468.451-468.457) › 468.451 - Legislative findings and intent.

468.451 Legislative findings and intent.—The Legislature finds that dishonest or unscrupulous practices by agents who solicit representation of student athletes can cause significant harm to student athletes and the academic institutions for which they play. It is the intent of the Legislature to protect the interests of student athletes and academic institutions by regulating the activities of athlete agents.
History.—s. 1, ch. 88-229; s. 1, ch. 89-296; s. 4, ch. 91-429; s. 1, ch. 95-307.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part IX - Athlete Agents (Ss. 468.451-468.457) › 468.452 - Definitions.

468.452 Definitions.—For purposes of this part, the term:
(1) “Agent contract” means a contract or agreement in which a student athlete authorizes an athlete agent to represent the student in the marketing of the student’s athletic ability or athletic reputation.
(2) “Athlete agent” means a person who, directly or indirectly, recruits or solicits a student athlete to enter into an agent contract, or who, for any type of financial gain, procures, offers, promises, or attempts to obtain employment or promotional fees or benefits for a student athlete with a professional sports team or as a professional athlete, or with any promoter who markets or attempts to market the student athlete’s athletic ability or athletic reputation. This term includes all employees and other persons acting on behalf of an athlete agent who participate in the activities included under this subsection. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.
(3) “Contact” means communication between an athlete agent and a student athlete, by whatever means, directly or indirectly, for the purpose of entering or soliciting entry into an agent contract.
(4) “Department” means the Department of Business and Professional Regulation.
(5) “Student athlete” means any student who:
(a) Resides in Florida, has informed, in writing, a college or university of the student’s intent to participate in that school’s intercollegiate athletics, or who does participate in that school’s intercollegiate athletics and is eligible to do so; or
(b) Does not reside in Florida, but has informed, in writing, a college or university in Florida of the student’s intent to participate in that school’s intercollegiate athletics, or who does participate in that school’s intercollegiate athletics and is eligible to do so.
(6) “Financial services” means the counseling on or the making or execution of investment and other financial decisions by the agent on behalf of the student athlete.
(7) “Participation” means practicing, competing, or otherwise representing a college or university in intercollegiate athletics.
History.—s. 2, ch. 88-229; s. 1, ch. 89-296; s. 4, ch. 91-429; s. 30, ch. 94-119; s. 2, ch. 95-307; s. 1, ch. 2002-24.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part IX - Athlete Agents (Ss. 468.451-468.457) › 468.4535 - Exceptions.

468.4535 Exceptions.—This part does not apply when a student is ineligible to participate in a particular intercollegiate sport unless:
(1) The student athlete’s eligibility to participate is restored in that particular sport; or
(2) The student is or becomes eligible to participate in a different intercollegiate sport, in which case this part shall apply for the different intercollegiate sport.
History.—s. 4, ch. 95-307.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part IX - Athlete Agents (Ss. 468.451-468.457) › 468.4536 - Renewal of licensure.

468.4536 Renewal of licensure.—The department shall renew a license pursuant to procedures provided for in s. 455.203.
History.—s. 5, ch. 95-307.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part IX - Athlete Agents (Ss. 468.451-468.457) › 468.4561 - Unlicensed activity; penalties for violations.

468.4561 Unlicensed activity; penalties for violations.—No person shall conduct business as an athlete agent unless such person holds an active license pursuant to this part, and no person shall knowingly aid or abet another person to conduct business as an unlicensed athlete agent. For purposes of this section, “aid or abet” means to actively assist in the recruitment or solicitation of a student athlete. Violation of this section shall be a felony of the third degree, punishable as provided in ss. 775.082, 775.083, 775.084, 775.089, and 775.091.
History.—s. 8, ch. 95-307.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part IX - Athlete Agents (Ss. 468.451-468.457) › 468.45615 - Provision of illegal inducements to athletes prohibited; penalties; license suspension.

468.45615 Provision of illegal inducements to athletes prohibited; penalties; license suspension.—
(1) Any person who violates s. 468.456(1)(f) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.
(2)(a) Regardless of whether adjudication is withheld, any person convicted or found guilty of, or entering a plea of nolo contendere to, the violation described in subsection (1) shall not employ, utilize, or otherwise collaborate with a licensed or unlicensed athlete agent in Florida to illegally recruit or solicit student athletes. Any person who violates the provisions of this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.
(b) Regardless of whether adjudication is withheld, any person who knowingly actively assists in the illegal recruitment or solicitation of student athletes for a person who has been convicted or found guilty of, or entered a plea of nolo contendere to, a violation of this section is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.
(3) In addition to any other penalties provided in this section, the court may suspend the license of the person pending the outcome of any administrative action against the person by the department.
(4)(a) An athlete agent, with the intent to induce a student athlete to enter into an agent contract, may not:
1. Give any materially false or misleading information or make a materially false promise or representation;
2. Furnish anything of value to a student athlete before the student athlete enters into the agent contract; or
3. Furnish anything of value to any individual other than the student athlete or another athlete agent.
(b) An athlete agent may not intentionally:
1. Initiate contact with a student athlete unless licensed under this part;
2. Refuse or fail to retain or permit inspection of the records required to be retained by s. 468.4565;
3. Provide materially false or misleading information in an application for licensure;
4. Predate or postdate an agent contract;
5. Fail to give notice of the existence of an agent contract as required by s. 468.454(6); or
6. Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agent contract for a sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.
(c) An athlete agent who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 70, ch. 2000-356; s. 5, ch. 2002-24.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part IX - Athlete Agents (Ss. 468.451-468.457) › 468.4562 - Civil action by institution.

468.4562 Civil action by institution.—
(1) A college or university may sue for damages, as provided by this section, any person who violates this part. A college or university may seek equitable relief to prevent or minimize harm arising from acts or omissions which are or would be a violation of this part.
(2) For purposes of this section, a college or university is damaged if, because of activities of the person, the college or university is penalized, disqualified, or suspended from participation in intercollegiate athletics by a national association for the promotion and regulation of intercollegiate athletics, by an intercollegiate athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such organization and, because of that penalty, disqualification, suspension, or action the institution:
(a) Loses revenue from media coverage of a sports contest;
(b) Loses the right to grant an athletic scholarship;
(c) Loses the right to recruit an athlete;
(d) Is prohibited from participating in postseason athletic competition;
(e) Forfeits an athletic contest; or
(f) Otherwise suffers an adverse financial impact.
(3) An institution that prevails in a suit brought under this section may recover:
(a) Actual damages;
(b) Punitive damages;
(c) Treble damages;
(d) Court costs; and
(e) Reasonable attorney’s fees.
(4) A right of action under this section does not accrue until the educational institution discovers, or by the exercise of reasonable diligence would have discovered, the violation by the athlete agent or former student athlete.
(5) Any liability of the athlete agent or the former student athlete under this section is several and not joint.
(6) This part does not restrict rights, remedies, or defenses of any person under law or equity.
History.—s. 9, ch. 95-307; s. 71, ch. 2000-356; s. 6, ch. 2002-24.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part IX - Athlete Agents (Ss. 468.451-468.457) › 468.4565 - Business records requirement.

468.4565 Business records requirement.—
(1) An athlete agent shall establish and maintain complete financial and business records. The athlete agent shall save each entry into a financial or business record for at least 5 years from the date of entry. These records must include:
(a) The name and address of each individual represented by the athlete agent;
(b) Any agent contract entered into by the athlete agent; and
(c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agent contract.
(2) The department shall have access to and shall have the right to inspect and examine the financial or business records of an athlete agent during normal business hours. Refusal or failure of an athlete agent to provide the department access to financial and business records shall be the basis for disciplinary action by the department pursuant to s. 455.225. The department may exercise its subpoena powers to obtain the financial and business records of an athlete agent.
History.—s. 12, ch. 95-307; s. 7, ch. 2002-24.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part IX - Athlete Agents (Ss. 468.451-468.457) › 468.457 - Rulemaking authority.

468.457 Rulemaking authority.—The department shall adopt rules necessary to administer and enforce this part.
History.—s. 9, ch. 88-229; s. 1, ch. 89-296; s. 4, ch. 91-429; s. 13, ch. 95-307.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.501 - Short title.

468.501 Short title.—This part may be cited as the “Dietetics and Nutrition Practice Act.”
History.—ss. 1, 20, ch. 88-236; s. 4, ch. 91-429; s. 1, ch. 96-367.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.502 - Purpose and intent.

468.502 Purpose and intent.—The Legislature finds that the practice of dietetics and nutrition or nutrition counseling by unskilled and incompetent practitioners presents a danger to the public health and safety. The Legislature further finds that it is difficult for the public to make informed choices about dietitians and nutritionists and that the consequences of wrong choices could seriously endanger the public health and safety. The sole legislative purpose in enacting this part is to ensure that every person who practices dietetics and nutrition or nutrition counseling in this state meets minimum requirements for safe practice. It is the legislative intent that any person practicing dietetics and nutrition or nutrition counseling who falls below minimum competency or who otherwise presents a danger to the public be prohibited from practicing in this state. It is also the intent of the Legislature that the practice of nutrition counseling be authorized and regulated solely within the limits expressly provided by this part and any rules adopted pursuant thereto.
History.—ss. 2, 20, ch. 88-236; s. 4, ch. 91-429; s. 2, ch. 96-367.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.503 - Definitions.

468.503 Definitions.—As used in this part:
(1) “Board” means the Board of Medicine.
(2) “Commission” means the Commission on Dietetic Registration, the credentialing agency of the Academy of Nutrition and Dietetics.
(3) “Department” means the Department of Health.
(4) “Dietetics” means the integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, and management and from the behavioral and social sciences to achieve and maintain a person’s health throughout the person’s life. It is an integral part of preventive, diagnostic, curative, and restorative health care of individuals, groups, or both.
(5) “Dietetics and nutrition practice” shall include assessing nutrition needs and status using appropriate data; recommending appropriate dietary regimens, nutrition support, and nutrient intake; ordering therapeutic diets; improving health status through nutrition research, counseling, and education; and developing, implementing, and managing nutrition care systems, which includes, but is not limited to, evaluating, modifying, and maintaining appropriate standards of high quality in food and nutrition care services.
(6) “Dietetic technician” means a person who assists in the provision of dietetic and nutrition services under the supervision of a qualified professional.
(7) “Licensed dietitian/nutritionist” means a person licensed pursuant to s. 468.509.
(8) “Licensed nutrition counselor” means a person licensed pursuant to s. 468.51.
(9) “Nutrition assessment” means the evaluation of the nutrition needs of individuals or groups, using appropriate data to determine nutrient needs or status and make appropriate nutrition recommendations.
(10) “Nutrition counseling” means advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment.
(11) “Preprofessional experience component” means a planned and continuous supervised practice experience in dietetics or nutrition.
(12) “Registered dietitian” or “registered dietitian/nutritionist” means an individual registered with the commission.
History.—ss. 3, 20, ch. 88-236; s. 4, ch. 91-429; s. 144, ch. 94-218; s. 3, ch. 96-367; s. 1, ch. 2015-125; s. 57, ch. 2016-10.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.504 - License required.

468.504 License required.—No person may engage for remuneration in dietetics and nutrition practice or nutrition counseling or hold himself or herself out as a practitioner of dietetics and nutrition practice or nutrition counseling unless the person is licensed in accordance with the provisions of this part.
History.—ss. 4, 20, ch. 88-236; s. 4, ch. 91-429; s. 4, ch. 96-367.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.506 - Dietetics and Nutrition Practice Council.

468.506 Dietetics and Nutrition Practice Council.—There is created the Dietetics and Nutrition Practice Council under the supervision of the board. The council shall consist of four persons licensed under this part and one consumer who is 60 years of age or older. Council members shall be appointed by the board. Licensed members shall be appointed based on the proportion of licensees within each of the respective disciplines. Members shall be appointed for 4-year staggered terms. In order to be eligible for appointment, each licensed member must have been a licensee under this part for at least 3 years prior to his or her appointment. No council member shall serve more than two successive terms. The board may delegate such powers and duties to the council as it may deem proper to carry out the operations and procedures necessary to effectuate the provisions of this part. However, the powers and duties delegated to the council by the board must encompass both dietetics and nutrition practice and nutrition counseling. Any time there is a vacancy on the council, any professional association composed of persons licensed under this part may recommend licensees to fill the vacancy to the board in a number at least twice the number of vacancies to be filled, and the board may appoint from the submitted list, in its discretion, any of those persons so recommended. Any professional association composed of persons licensed under this part may file an appeal regarding a council appointment with the State Surgeon General, whose decision shall be final. The board shall fix council members’ compensation and pay their expenses in the same manner as provided in s. 456.011.
History.—ss. 6, 19, 20, ch. 88-236; ss. 4, 5, ch. 91-429; s. 6, ch. 96-367; s. 91, ch. 98-166; s. 130, ch. 99-397; s. 150, ch. 2000-160; s. 94, ch. 2008-6.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.507 - Authority to adopt rules.

468.507 Authority to adopt rules.—The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part and chapter 456 conferring duties upon it. The powers and duties of the board as set forth in this part shall in no way limit or interfere with the powers and duties of the board as set forth in chapter 458. All powers and duties of the board set forth in this part shall be supplemental and additional powers and duties to those conferred upon the board by chapter 458.
History.—ss. 7, 20, ch. 88-236; s. 4, ch. 91-429; s. 7, ch. 96-367; s. 92, ch. 98-166; s. 136, ch. 98-200; s. 151, ch. 2000-160.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.508 - Fees.

468.508 Fees.—The board shall, by rule, establish fees to be paid for applications and examination, reexamination, licensing and renewal, licensure by endorsement, temporary permits, renewal, renewal of inactive licenses, reactivation of inactive licenses, recordmaking, and recordkeeping. The board shall establish fees which are adequate to administer and implement the provisions of this part.
(1) The application fee shall not exceed $100 and shall not be refundable.
(2) The examination fee shall not exceed $500 and shall be refundable if the applicant is found to be ineligible to take the licensure examination.
(3) The initial licensure fee shall not exceed $500.
(4) The fee for reexamination shall not exceed $250.
(5) The biennial renewal fee shall not exceed $500.
(6) The fee for licensure by endorsement shall not exceed $350.
(7) The fee for a temporary permit shall not exceed $200.
(8) The fee for reactivation of an inactive license shall not exceed $50.
History.—ss. 8, 20, ch. 88-236; s. 43, ch. 89-162; s. 44, ch. 89-374; s. 4, ch. 91-429; s. 8, ch. 96-367.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.509 - Dietitian/nutritionist; requirements for licensure.

468.509 Dietitian/nutritionist; requirements for licensure.—
(1) Any person desiring to be licensed as a dietitian/nutritionist shall apply to the department to take the licensure examination.
(2) The department shall examine any applicant who the board certifies has completed the application form and remitted the application and examination fees specified in s. 468.508 and who:
(a)1. Possesses a baccalaureate or postbaccalaureate degree with a major course of study in human nutrition, food and nutrition, dietetics, or food management, or an equivalent major course of study, from a school or program accredited, at the time of the applicant’s graduation, by the appropriate accrediting agency recognized by the Commission on Recognition of Postsecondary Accreditation and the United States Department of Education; and
2. Has completed a preprofessional experience component of not less than 900 hours or has education or experience determined to be equivalent by the board; or
(b)1. Has an academic degree, from a foreign country, that has been validated by an accrediting agency approved by the United States Department of Education as equivalent to the baccalaureate or postbaccalaureate degree conferred by a regionally accredited college or university in the United States;
2. Has completed a major course of study in human nutrition, food and nutrition, dietetics, or food management; and
3. Has completed a preprofessional experience component of not less than 900 hours or has education or experience determined to be equivalent by the board.
(3) The board shall waive the examination requirement for an applicant who presents evidence satisfactory to the board that the applicant is:
(a) A registered dietitian or registered dietitian/nutritionist who is registered with the commission and complies with the qualifications under this section; or
(b) A certified nutrition specialist who is certified by the Certification Board for Nutrition Specialists or who is a Diplomate of the American Clinical Board of Nutrition and complies with the qualifications under this section.
(4) The department shall license as a dietitian/nutritionist any applicant who has remitted the initial licensure fee and has passed the examination in accordance with this section.
History.—ss. 9, 20, ch. 88-236; s. 25, ch. 91-220; s. 4, ch. 91-429; s. 27, ch. 94-310; s. 9, ch. 96-367; s. 3, ch. 2015-125; s. 58, ch. 2016-10.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.51 - Nutrition counselor; renewal of licensure.

468.51 Nutrition counselor; renewal of licensure.—Any person previously certified as qualified by the board and holding a license to practice as a nutrition counselor in this state which was issued during the period from July 1, 1988, to March 30, 1997, based upon documentation that the person was employed as a practitioner of nutrition counseling previous to and on April 1, 1988, shall be eligible to renew his or her license pursuant to s. 468.514.
History.—ss. 10, 20, ch. 88-236; s. 4, ch. 91-429; ss. 10, 11, ch. 96-367.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 468 - Miscellaneous Professions and Occupations › Part X - Dietetics and Nutrition Practice (Ss. 468.501-468.518) › 468.511 - Dietitian/nutritionist; temporary permit.

468.511 Dietitian/nutritionist; temporary permit.—
(1) A temporary permit to practice dietetics and nutrition may be issued by the board on the filing of an application, payment of a temporary permit fee, and the submission of evidence of the successful completion of the educational requirement under s. 468.509. The initial application shall be signed by the supervising licensee.
(2) A person practicing under a temporary permit shall be under the supervision and direction of a licensed dietitian/nutritionist.
(3) A temporary permit shall expire 1 year from the date of issuance.
(4) One extension of a temporary permit may be granted for good cause shown.
(5) If the board determines that an applicant is qualified to be licensed by endorsement under s. 468.513, the board may issue the applicant a temporary permit to practice dietetics and nutrition until the next board meeting at which license applications are to be considered, but not for a longer period of time.
(6) If the board determines that an applicant has not passed an examination recognized by the board and is not qualified to be licensed by endorsement, but has otherwise met all the requirements of s. 468.509 and has made application for the next scheduled examination, the board may issue the applicant a temporary permit allowing him or her to practice dietetics and nutrition under the supervision of a licensed dietitian/nutritionist until notification of the results of the examination.
History.—ss. 11, 20, ch. 88-236; s. 4, ch. 91-429; s. 12, ch. 96-367.