Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2398
Barcode 232404
CHAMBER ACTION
Senate House
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03/27/2007 11:48 AM .
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11 The Committee on Regulated Industries (Wise) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (5) of section 450.31, Florida
19 Statutes, is amended, present subsection (6) of that section
20 is redesignated as subsection (7), and a new subsection (6) is
21 added to that section, to read:
22 450.31 Issuance, revocation, and suspension of, and
23 refusal to issue or renew, certificate of registration.--
24 (5) The department may permanently revoke or refuse to
25 issue or renew a certificate of registration if such applicant
26 or certificateholder has been convicted within the preceding 5
27 years of:
28 (a) A crime under state or federal law:
29 1. Relating to gambling, or to the sale, distribution,
30 or possession of alcoholic beverages.
31 2. Committed in connection with, or incident to, any
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2398
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1 farm labor contracting activities; or
2 (b) Any felony under state or federal law involving
3 robbery, bribery, extortion, embezzlement, grand larceny,
4 burglary, or arson, violation of narcotics laws, murder, rape,
5 assault with intent to kill, assault that inflicts grievous
6 bodily injury, prostitution, peonage, or smuggling or
7 harboring individuals who have entered the country illegally.
8 (6) The department may permanently revoke or refuse to
9 issue or renew a certificate of registration if such applicant
10 or certificateholder has been convicted of a violation of
11 narcotics laws, murder, rape, assault with intent to kill,
12 assault that inflicts grievous bodily injury, prostitution,
13 peonage, smuggling, or harboring individuals who have entered
14 the country illegally.
15 (7)(6) Receipt and acceptance of a certificate of
16 registration as a farm labor contractor constitutes
17 unconditional permission for and acquiescence by the
18 contractor to the inspection by department personnel of books,
19 ledgers, and all other documents that are related to the
20 performance of the contractor's farm labor activities.
21 Section 2. Subsection (11) of section 455.213, Florida
22 Statutes, is amended to read:
23 455.213 General licensing provisions.--
24 (11) Any submission required to be in writing may be
25 required by the department to be made by electronic means. The
26 department may contract with private vendors, or enter into
27 interagency agreements for the purpose of collecting
28 electronic fingerprints if fingerprints are required for
29 registration, certification, or the licensure process, or if
30 criminal history record checks are required.
31 Section 3. Subsection (1) of section 455.2178, Florida
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2398
Barcode 232404
1 Statutes, is amended to read:
2 455.2178 Continuing education providers.--
3 (1) Each continuing education provider shall provide
4 to the department such information regarding the continuing
5 education status of licensees as the department determines is
6 necessary to carry out its duties under s. 455.2177, in an
7 electronic format determined by the department. After a
8 licensee's completion of a course, the information must be
9 submitted to the department electronically no later than 30
10 calendar days thereafter or prior to the licensee's renewal
11 date, whichever occurs sooner. However, the continuing
12 education provider shall electronically report to the
13 department regarding the completion of a licensee's course
14 within 10 business days beginning on the 30th day before the
15 renewal deadline or before the renewal date, whichever occurs
16 sooner. The foregoing applies only if the profession has not
17 been granted a waiver from the monitoring requirements under
18 s. 455.2177. Upon the request of a licensee, the provider must
19 also furnish to the department information regarding courses
20 completed by the licensee.
21 Section 4. Subsection (1) of section 475.182, Florida
22 Statutes, is amended to read:
23 475.182 Renewal of license; continuing education.--
24 (1)(a) The department shall renew a license upon
25 receipt of the renewal application and fee. The renewal
26 application for an active license as broker, broker associate,
27 or sales associate shall include proof satisfactory to the
28 commission that the licensee has, since the issuance or
29 renewal of her or his current license, satisfactorily
30 completed at least 14 classroom hours of 50 minutes each of a
31 continuing education course during each biennium of a license
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2398
Barcode 232404
1 period, as prescribed by the commission. Approval or denial of
2 a specialty course must be based on the extent to which the
3 course content focuses on real estate issues relevant to the
4 modern practice of real estate by a real estate licensee,
5 including technology used in the real estate industry. The
6 commission may accept as a substitute for such continuing
7 education course, on a classroom-hour-for-classroom-hour
8 basis, any satisfactorily completed education course that the
9 commission finds is adequate to educate licensees within the
10 intent of this section, including an approved distance
11 learning course. However, the commission may not require, for
12 the purpose of satisfactorily completing an approved
13 correspondence or distance learning course, a written
14 examination that is to be taken at a centralized location and
15 is to be monitored.
16 (b) The commission may accept as a substitute for 3
17 classroom hours, one time per renewal cycle, attendance at one
18 legal agenda session of the commission. In order to obtain
19 credit, the licensee must notify the division at least 7 days
20 before such legal agenda session of his or her intent to
21 attend. A licensee may not earn any continuing education
22 credit for attending a legal agenda session of the commission
23 as a party to a disciplinary action.
24 Section 5. Subsection (3) of section 475.6175, Florida
25 Statutes, is amended to read:
26 475.6175 Registered trainee appraiser; postlicensure
27 education required.--
28 (3) The division board may allow an additional 6-month
29 period after the second renewal following initial licensure or
30 the effective date of this act for completing the
31 postlicensure education courses for registered trainee
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 appraisers who have not completed or cannot complete, due to
2 individual physical hardship, as defined by rule, complete the
3 courses within the required time.
4 Section 6. Paragraph (b) of subsection (4) and
5 paragraph (b) of subsection (5) of section 489.115, Florida
6 Statutes, are amended, and subsection (8) is added to that
7 section, to read:
8 489.115 Certification and registration; endorsement;
9 reciprocity; renewals; continuing education.--
10 (4)
11 (b)1. Each certificateholder or registrant shall
12 provide proof, in a form established by rule of the board,
13 that the certificateholder or registrant has completed at
14 least 14 classroom hours of at least 50 minutes each of
15 continuing education courses during each biennium since the
16 issuance or renewal of the certificate or registration. The
17 board shall establish by rule that a portion of the required
18 14 hours must deal with the subject of workers' compensation,
19 business practices, and workplace safety, and 1 hour must deal
20 with laws and rules. The board shall by rule establish
21 criteria for the approval of continuing education courses and
22 providers, including requirements relating to the content of
23 courses and standards for approval of providers, and may by
24 rule establish criteria for accepting alternative nonclassroom
25 continuing education on an hour-for-hour basis. The board
26 shall prescribe by rule the continuing education, if any,
27 which is required during the first biennium of initial
28 licensure. A person who has been licensed for less than an
29 entire biennium must not be required to complete the full 14
30 hours of continuing education.
31 2. In addition, the board may approve specialized
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 continuing education courses on compliance with the wind
2 resistance provisions for one and two family dwellings
3 contained in the Florida Building Code and any alternate
4 methodologies for providing such wind resistance which have
5 been approved for use by the Florida Building Commission.
6 Division I certificateholders or registrants who demonstrate
7 proficiency upon completion of such specialized courses may
8 certify plans and specifications for one and two family
9 dwellings to be in compliance with the code or alternate
10 methodologies, as appropriate, except for dwellings located in
11 floodways or coastal hazard areas as defined in ss. 60.3D and
12 E of the National Flood Insurance Program.
13 3. Each certificateholder or registrant shall provide
14 to the board proof of completion of the core curriculum
15 courses, or passing the equivalency test of the Building Code
16 Training Program established under s. 553.841, specific to the
17 licensing category sought, within 2 years after commencement
18 of the program or of initial certification or registration,
19 whichever is later. Classroom hours spent taking core
20 curriculum courses shall count toward the number required for
21 renewal of certificates or registration. A certificateholder
22 or registrant who passes the equivalency test in lieu of
23 taking the core curriculum courses shall receive full credit
24 for core curriculum course hours.
25 4. The board shall require, by rule adopted pursuant
26 to ss. 120.536(1) and 120.54, a specified number of hours in
27 specialized or advanced module courses, approved by the
28 Florida Building Commission, on any portion of the Florida
29 Building Code, adopted pursuant to part VII of chapter 553,
30 relating to the contractor's respective discipline.
31 (5)
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2398
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1 (b) In addition to the affidavit of insurance, as a
2 prerequisite to the initial issuance of a certificate, the
3 applicant shall furnish a credit report from a nationally
4 recognized credit agency that reflects the financial
5 responsibility of the applicant and evidence of financial
6 responsibility, credit, and business reputation of either
7 himself or herself or the business organization he or she
8 desires to qualify. The board shall adopt rules defining
9 financial responsibility based upon the applicant's credit
10 history, ability to be bonded, and any history of bankruptcy
11 or assignment of receivers. The board may also adopt rules
12 that would allow applicants to demonstrate financial
13 responsibility, as an alternative to the foregoing, by
14 providing minimum credit scores or bonds payable as prescribed
15 for financially responsible officers. Such rules shall specify
16 the financial responsibility grounds on which the board may
17 refuse to qualify an applicant for certification.
18 (8) An initial applicant must submit, along with the
19 application, a complete set of fingerprints in a form and
20 manner required by the department. The fingerprints shall be
21 submitted to the Department of Law Enforcement for state
22 processing, and the Department of Law Enforcement shall
23 forward them to the Federal Bureau of Investigation for the
24 purpose of conducting a level 2 background check pursuant to
25 s. 435.04. The department shall and the board may review the
26 background results to determine if an applicant meets
27 licensure requirements. The cost of the fingerprint processing
28 shall be borne by the person subject to the background
29 screening, and all applicable fees shall be collected by the
30 authorized agencies or vendors. The authorized agencies or
31 vendors are responsible for paying the processing costs to the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2398
Barcode 232404
1 Department of Law Enforcement.
2 Section 7. This act shall take effect upon becoming a
3 law.
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 Delete everything before the enacting clause
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10 and insert:
11 A bill to be entitled
12 An act relating to the Department of Business
13 and Professional Regulation; amending s.
14 450.31, F.S.; authorizing the department to
15 revoke or refuse to issue or renew a person's
16 certificate of registration as a farm labor
17 contractor if the person has been convicted of
18 certain felonies within any period; amending s.
19 455.213, F.S.; authorizing the department to
20 contract with certain vendors or enter into
21 interagency agreements to collect electronic
22 fingerprints of fingerprints are required for
23 purposes of certification or licensure;
24 amending s. 455.2178, F.S.; requiring that
25 information concerning continuing education be
26 submitted electronically within a specified
27 period beginning on the 30th day before the
28 licensee's renewal date; amending s. 475.182,
29 F.S.; providing that the Florida Real Estate
30 Commission may accept one legal agenda session
31 of the commission as a substitute for 3
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 classroom hours toward license renewal;
2 requiring the licensee to notify the division
3 at least 7 days before such session of his or
4 her intent to attend; amending s. 475.6175,
5 F.S.; authorizing the Division of Real Estate,
6 rather than the Florida Real Estate Appraisal
7 Board, to extend the time within which certain
8 registered trainee appraisers may complete the
9 required postlicensure education; amending s.
10 489.115, F.S.; requiring that at least 1 of the
11 hours required for continuing education
12 encompass laws and rules; authorizing the
13 Construction Industry Licensing Board to adopt
14 rules allowing applicants to demonstrate
15 financial responsibility by providing minimum
16 credit scores or bonds payable as prescribed
17 for financially responsible officers; providing
18 requirements relating to the submission of
19 fingerprints by initial applicants; providing
20 an effective date.
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