Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1816
                        Barcode 340342
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/03/2006 04:58 PM         .                    
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11  The Committee on Regulated Industries (Posey) recommended the
12  following amendment:
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14         Senate Amendment 
15         On page 12, lines 9-26, delete those lines
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17  and insert:  
18         (u)  Has failed, if a broker, to direct, control, or
19  manage a broker associate or sales associate employed by such
20  broker. A rebuttable presumption exists that a broker
21  associate or sales associate is employed by a broker if the
22  records of the department establish that the broker associate
23  or sales associate is registered with that broker. A record of
24  licensure which is certified or authenticated in such form as
25  to be admissible in evidence under the laws of the state is
26  admissible as prima facie evidence of such registration.
27         (v)  Has failed, if a broker, to review the brokerage's
28  trust accounting procedures in order to ensure compliance with
29  this chapter.
30         (5)  An administrative complaint against a broker, or
31  broker associate, or sales associate shall must be filed
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    11:14 AM   03/31/06                             s1816.ri24.001


    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1816
                        Barcode 340342
 1  within 5 years after the time of the act giving rise to the
 2  complaint or within 5 years after the time the act is
 3  discovered or should have been discovered with the exercise of
 4  due diligence.
 5         (6)  The department or commission shall promptly notify
 6  a licensee's broker or employer, as defined in this part, in
 7  writing, when a formal complaint is filed against the licensee
 8  which alleges violations of this chapter or chapter 455. The
 9  department may not issue a notification to the broker or
10  employer until 10 days after a finding of probable cause has
11  been found to exist by the probable cause panel, or by the
12  department, or until the licensee waives his or her privilege
13  of confidentiality under s. 455.225, whichever occurs first.
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    11:14 AM   03/31/06                             s1816.ri24.001