Senate Bill sb2398

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    Florida Senate - 2007                                  SB 2398

    By Senator Posey





    24-1630B-07

  1                      A bill to be entitled

  2         An act relating to the Department of Business

  3         and Professional Regulation; amending s.

  4         455.213, F.S.; authorizing the department to

  5         contract with certain vendors or enter into

  6         interagency agreements to collect electronic

  7         fingerprints if fingerprints are required for

  8         purposes of certification or licensure;

  9         amending s. 455.2178, F.S.; requiring that

10         information concerning continuing education be

11         submitted electronically within a specified

12         period beginning on the 30th day before the

13         licensee's renewal date; amending s. 489.115,

14         F.S.; requiring that at least 1 of the hours

15         required for continuing education encompass

16         laws and rules; authorizing the Construction

17         Industry Licensing Board to adopt rules

18         allowing applicants to demonstrate financial

19         responsibility by providing minimum credit

20         scores or bonds payable as prescribed for

21         financially responsible officers; amending s.

22         450.31, F.S.; authorizing the department to

23         revoke or refuse to issue or renew a person's

24         certificate of registration as a farm labor

25         contractor if the person has been convicted of

26         certain felonies within any period; amending s.

27         468.529, F.S.; providing that an employee

28         leasing company is responsible for providing

29         workers' compensation coverage pursuant to ch.

30         440, F.S., unless coverage is provided by the

31         client; amending s. 475.182, F.S.; providing

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    Florida Senate - 2007                                  SB 2398
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 1         that the Florida Real Estate Commission may

 2         accept one full disciplinary case session as a

 3         substitute for 3 classroom hours toward license

 4         renewal; requiring the licensee to notify the

 5         division 7 days in advance of his or her intent

 6         to attend and identify the continuing education

 7         requirement to be satisfied; amending s.

 8         475.6175, F.S.; authorizing the Division of

 9         Real Estate to extend the time within which

10         certain registered trainee appraisers may

11         complete the required postlicensure education;

12         providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Subsection (11) of section 455.213, Florida

17  Statutes, is amended to read:

18         455.213  General licensing provisions.--

19         (11)  Any submission required to be in writing may be

20  made by electronic means. The department is authorized to

21  contract with private vendors, or enter into interagency

22  agreements, to collect electronic fingerprints where

23  fingerprints are required for registration, certification, or

24  the licensure process, or where criminal history record checks

25  are required.

26         Section 2.  Subsection (1) of section 455.2178, Florida

27  Statutes, is amended to read:

28         455.2178  Continuing education providers.--

29         (1)  Each continuing education provider shall provide

30  to the department such information regarding the continuing

31  education status of licensees as the department determines is

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    Florida Senate - 2007                                  SB 2398
    24-1630B-07




 1  necessary to carry out its duties under s. 455.2177, in an

 2  electronic format determined by the department. After a

 3  licensee's completion of a course, the information must be

 4  submitted to the department electronically no later than 30

 5  calendar days thereafter or prior to the licensee's renewal

 6  date, whichever occurs sooner. However, the continuing

 7  education provider shall electronically report to the

 8  department completion of a licensee's course within 10

 9  business days beginning on the 30th day before the renewal

10  deadline or prior to the renewal date, whichever occurs

11  sooner. The foregoing applies only if the profession has not

12  been granted a waiver from the monitoring requirements under

13  s. 455.2177. Upon the request of a licensee, the provider must

14  also furnish to the department information regarding courses

15  completed by the licensee.

16         Section 3.  Paragraph (b) of subsection (4) and

17  paragraph (b) of subsection (5) of section 489.115, Florida

18  Statutes, are amended to read:

19         489.115  Certification and registration; endorsement;

20  reciprocity; renewals; continuing education.--

21         (4)

22         (b)1.  Each certificateholder or registrant shall

23  provide proof, in a form established by rule of the board,

24  that the certificateholder or registrant has completed at

25  least 14 classroom hours of at least 50 minutes each of

26  continuing education courses during each biennium since the

27  issuance or renewal of the certificate or registration.  The

28  board shall establish by rule that a portion of the required

29  14 hours must deal with the subject of workers' compensation,

30  business practices, and workplace safety and 1 hour of laws

31  and rules. The board shall by rule establish criteria for the

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    Florida Senate - 2007                                  SB 2398
    24-1630B-07




 1  approval of continuing education courses and providers,

 2  including requirements relating to the content of courses and

 3  standards for approval of providers, and may by rule establish

 4  criteria for accepting alternative nonclassroom continuing

 5  education on an hour-for-hour basis.  The board shall

 6  prescribe by rule the continuing education, if any, which is

 7  required during the first biennium of initial licensure.  A

 8  person who has been licensed for less than an entire biennium

 9  must not be required to complete the full 14 hours of

10  continuing education.

11         2.  In addition, the board may approve specialized

12  continuing education courses on compliance with the wind

13  resistance provisions for one and two family dwellings

14  contained in the Florida Building Code and any alternate

15  methodologies for providing such wind resistance which have

16  been approved for use by the Florida Building Commission.

17  Division I certificateholders or registrants who demonstrate

18  proficiency upon completion of such specialized courses may

19  certify plans and specifications for one and two family

20  dwellings to be in compliance with the code or alternate

21  methodologies, as appropriate, except for dwellings located in

22  floodways or coastal hazard areas as defined in ss. 60.3D and

23  E of the National Flood Insurance Program.

24         3.  Each certificateholder or registrant shall provide

25  to the board proof of completion of the core curriculum

26  courses, or passing the equivalency test of the Building Code

27  Training Program established under s. 553.841, specific to the

28  licensing category sought, within 2 years after commencement

29  of the program or of initial certification or registration,

30  whichever is later.  Classroom hours spent taking core

31  curriculum courses shall count toward the number required for

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    Florida Senate - 2007                                  SB 2398
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 1  renewal of certificates or registration.  A certificateholder

 2  or registrant who passes the equivalency test in lieu of

 3  taking the core curriculum courses shall receive full credit

 4  for core curriculum course hours.

 5         4.  The board shall require, by rule adopted pursuant

 6  to ss. 120.536(1) and 120.54, a specified number of hours in

 7  specialized or advanced module courses, approved by the

 8  Florida Building Commission, on any portion of the Florida

 9  Building Code, adopted pursuant to part VII of chapter 553,

10  relating to the contractor's respective discipline.

11         (5)

12         (b)  In addition to the affidavit of insurance, as a

13  prerequisite to the initial issuance of a certificate, the

14  applicant shall furnish a credit report from a nationally

15  recognized credit agency that reflects the financial

16  responsibility of the applicant and evidence of financial

17  responsibility, credit, and business reputation of either

18  himself or herself or the business organization he or she

19  desires to qualify.  The board shall adopt rules defining

20  financial responsibility based upon the applicant's credit

21  history, ability to be bonded, and any history of bankruptcy

22  or assignment of receivers. The board may also adopt rules

23  that would allow applicants to demonstrate financial

24  responsibility, as an alternative to the foregoing, by

25  providing minimum credit scores or bonds payable as prescribed

26  for financially responsible officers. Such rules shall specify

27  the financial responsibility grounds on which the board may

28  refuse to qualify an applicant for certification.

29         Section 4.  Section 450.31, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2007                                  SB 2398
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 1         450.31  Issuance, revocation, and suspension of, and

 2  refusal to issue or renew, certificate of registration.--

 3         (1)  The department shall not issue to any person a

 4  certificate of registration as a farm labor contractor, nor

 5  shall it renew such certificate, until:

 6         (a)  Such person has executed a written application

 7  therefor in a form and pursuant to regulations prescribed by

 8  the department and has submitted such information as the

 9  department may prescribe.

10         (b)  Such person has obtained and holds a valid federal

11  certificate of registration as a farm labor contractor, or a

12  farm labor contractor employee, unless exempt by federal law.

13         (c)  Such person pays to the department, by cashier's

14  check, certified check, or money order, a nonrefundable

15  application fee of $125. Fees collected by the department

16  under this subsection shall be deposited in the State Treasury

17  into the Professional Regulation Trust Fund.

18         (d)  Such person has successfully taken and passed the

19  farm labor contractor examination.

20         (e)  Such person has designated an agent to receive

21  service of process and other official or legal documents. The

22  agent must be available during regular business hours, Monday

23  through Friday, to accept service on behalf of the farm labor

24  contractor.

25         (2)  The department may revoke, suspend, or refuse to

26  issue or renew any certificate of registration when it is

27  shown that the farm labor contractor has:

28         (a)  Violated or failed to comply with any provision of

29  this part or the rules adopted pursuant to this part;

30         (b)  Made any misrepresentation or false statement in

31  his or her application for a certificate of registration;

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    Florida Senate - 2007                                  SB 2398
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 1         (c)  Given false or misleading information concerning

 2  terms, conditions, or existence of employment to persons who

 3  are recruited or hired to work on a farm;

 4         (d)  Been assessed a civil fine by the department for

 5  which payment is overdue;

 6         (e)  Failed to pay unemployment compensation taxes as

 7  determined by the Agency for Workforce Innovation;

 8         (f)  Been denied, or had suspended or revoked, a

 9  federal certificate of registration as a farm labor

10  contractor; or

11         (g)  Failed to pay federal employee taxes as determined

12  by the Internal Revenue Service.

13         (3)  The revocation, suspension of, or refusal to renew

14  any permit hereunder will not render any then-current and

15  valid contract invalid nor affect the terms of such contract

16  for the duration of the growing season then in progress.

17         (4)  The department may refuse to issue or renew, or

18  may suspend or revoke, a certificate of registration if the

19  applicant or holder is not the real party in interest in the

20  application or certificate of registration and the real party

21  in interest is a person who has been refused issuance or

22  renewal of a certificate, has had a certificate suspended or

23  revoked, or does not qualify under this section for a

24  certificate.

25         (5)  The department may permanently revoke or refuse to

26  issue or renew a certificate of registration if such applicant

27  or certificateholder has been convicted within the preceding 5

28  years of:

29         (a)  A crime under state or federal law:

30         1.  Relating to gambling, or to the sale, distribution,

31  or possession of alcoholic beverages.

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    Florida Senate - 2007                                  SB 2398
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 1         2.  Committed in connection with, or incident to, any

 2  farm labor contracting activities; or

 3         (b)  Any felony under state or federal law involving

 4  robbery, bribery, extortion, embezzlement, grand larceny,

 5  burglary, or arson, violation of narcotics laws, murder, rape,

 6  assault with intent to kill, assault that inflicts grievous

 7  bodily injury, prostitution, peonage, or smuggling or

 8  harboring individuals who have entered the country illegally.

 9         (6)  The department may permanently revoke or refuse to

10  issue or renew a certificate of registration if such applicant

11  or certificateholder has been convicted of a violation of

12  narcotics laws, murder, rape, assault with intent to kill,

13  assault that inflicts grievous bodily injury, prostitution,

14  peonage, smuggling, or harboring individuals who have entered

15  the country illegally.

16         (7)(6)  Receipt and acceptance of a certificate of

17  registration as a farm labor contractor constitutes

18  unconditional permission for and acquiescence by the

19  contractor to the inspection by department personnel of books,

20  ledgers, and all other documents that are related to the

21  performance of the contractor's farm labor activities.

22         Section 5.  Subsection (1) of section 468.529, Florida

23  Statutes, is amended to read:

24         468.529  Licensee's insurance; employment tax; benefit

25  plans.--

26         (1)  A licensed employee leasing company is the

27  employer of the leased employees, except that this provision

28  is not intended to affect the determination of any issue

29  arising under Pub. L. No. 93-406, the Employee Retirement

30  Income Security Act, as amended from time to time. An employee

31  leasing company shall be responsible for timely payment of

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    Florida Senate - 2007                                  SB 2398
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 1  unemployment taxes pursuant to chapter 443, and shall be

 2  responsible for providing workers' compensation coverage

 3  pursuant to chapter 440 unless coverage is currently provided

 4  by the client to the contracted employees of the leasing

 5  company. However, no licensed employee leasing company shall

 6  sponsor a plan of self-insurance for health benefits, except

 7  as may be permitted by the provisions of the Florida Insurance

 8  Code or, if applicable, by Pub. L. No. 93-406, the Employee

 9  Retirement Income Security Act, as amended from time to time.

10  For purposes of this section, a "plan of self-insurance" shall

11  exclude any arrangement where an admitted insurance carrier

12  has issued a policy of insurance primarily responsible for the

13  obligations of the health plan.

14         Section 6.  Section 475.182, Florida Statutes, is

15  amended to read:

16         475.182  Renewal of license; continuing education.--

17         (1)  The department shall renew a license upon receipt

18  of the renewal application and fee. The renewal application

19  for an active license as broker, broker associate, or sales

20  associate shall include proof satisfactory to the commission

21  that the licensee has, since the issuance or renewal of her or

22  his current license, satisfactorily completed at least 14

23  classroom hours of 50 minutes each of a continuing education

24  course during each biennium of a license period, as prescribed

25  by the commission. Approval or denial of a specialty course

26  must be based on the extent to which the course content

27  focuses on real estate issues relevant to the modern practice

28  of real estate by a real estate licensee, including technology

29  used in the real estate industry. The commission may accept as

30  a substitute for such continuing education course, on a

31  classroom-hour-for-classroom-hour basis, any satisfactorily

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    Florida Senate - 2007                                  SB 2398
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 1  completed education course that the commission finds is

 2  adequate to educate licensees within the intent of this

 3  section, including an approved distance learning course.

 4  However, the commission may not require, for the purpose of

 5  satisfactorily completing an approved correspondence or

 6  distance learning course, a written examination that is to be

 7  taken at a centralized location and is to be monitored.

 8         (2)  The commission may accept one full disciplinary

 9  case session as a substitute for 3 classroom hours once per

10  renewal cycle. In order to obtain credit, the licensee must

11  notify the division 7 days in advance of his or her intent to

12  attend and identify the continuing education requirement to be

13  satisfied.

14         (3)(2)  The department shall adopt rules establishing a

15  procedure for the renewal of licenses at least every 4 years.

16         (4)(3)  Any license that is not renewed at the end of

17  the license period prescribed by the department shall

18  automatically revert to involuntarily inactive status. Such

19  license may subsequently be renewed only if the licensee meets

20  the other qualifications specified in s. 475.183.

21         (5)(4)  Sixty days before the end of the license period

22  and automatic reversion of a license to inactive status, the

23  department shall mail a notice of renewal and possible

24  reversion to the last known address of the licensee.

25         Section 7.  Subsection (3) of section 475.6175, Florida

26  Statutes, is amended to read:

27         475.6175  Registered trainee appraiser; postlicensure

28  education required.--

29         (3)  The division board may allow an additional 6-month

30  period after the second renewal following initial licensure or

31  the effective date of this act for completing the

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    Florida Senate - 2007                                  SB 2398
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 1  postlicensure education courses for registered trainee

 2  appraisers who have not or cannot, due to individual physical

 3  hardship, as defined by rule, complete the courses within the

 4  required time.

 5         Section 8.  This act shall take effect upon becoming a

 6  law.

 7  

 8            *****************************************

 9                          SENATE SUMMARY

10    Provides that the Department of Business and Professional
      Regulation may contract with certain vendors or enter
11    into interagency agreements to collect electronic
      fingerprints if fingerprints are required for certain
12    reasons. Amends a requirement for information to be
      submitted within 10 business days starting on the 30th
13    day before the licensee's renewal date. Provides that at
      least 1 of the hours required for continuing education
14    must encompass laws and rules. Allows the Construction
      Industry Licensing Board to adopt rules that would allow
15    applicants to demonstrate financial responsibility by
      providing minimum credit scores or bonds payable as
16    prescribed for financially responsible officers. Allows
      for permanent revocation of a certificate as a farm labor
17    contractor for certain felonies. Provides that an
      employee leasing company is responsible for providing
18    workers' compensation coverage pursuant to ch. 440, F.S.,
      unless coverage is provided by the client. Provides that
19    the Florida Real Estate Commission may accept one full
      disciplinary case session as a substitute for 3 classroom
20    hours toward license renewal. Requires the licensee to
      notify the division 7 days in advance of his or her
21    intent to attend and identify the continuing education
      requirement to be satisfied. Authorizes the Division of
22    Real Estate to extend the time within which certain
      trainee appraisers may complete the required
23    postlicensure education.

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