Senate Bill sb2398c1
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Florida Senate - 2007 CS for SB 2398
By the Committee on Regulated Industries; and Senator Posey
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1 A bill to be entitled
2 An act relating to the Department of Business
3 and Professional Regulation; amending s.
4 450.31, F.S.; authorizing the department to
5 revoke or refuse to issue or renew a person's
6 certificate of registration as a farm labor
7 contractor if the person has been convicted of
8 certain felonies within any period; amending s.
9 455.213, F.S.; authorizing the department to
10 contract with certain vendors or enter into
11 interagency agreements to collect electronic
12 fingerprints of fingerprints are required for
13 purposes of certification or licensure;
14 amending s. 455.2178, F.S.; requiring that
15 information concerning continuing education be
16 submitted electronically within a specified
17 period beginning on the 30th day before the
18 licensee's renewal date; amending s. 475.182,
19 F.S.; providing that the Florida Real Estate
20 Commission may accept one legal agenda session
21 of the commission as a substitute for 3
22 classroom hours toward license renewal;
23 requiring the licensee to notify the division
24 at least 7 days before such session of his or
25 her intent to attend; amending s. 475.6175,
26 F.S.; authorizing the Division of Real Estate,
27 rather than the Florida Real Estate Appraisal
28 Board, to extend the time within which certain
29 registered trainee appraisers may complete the
30 required postlicensure education; amending s.
31 489.115, F.S.; requiring that at least 1 of the
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Florida Senate - 2007 CS for SB 2398
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1 hours required for continuing education
2 encompass laws and rules; authorizing the
3 Construction Industry Licensing Board to adopt
4 rules allowing applicants to demonstrate
5 financial responsibility by providing minimum
6 credit scores or bonds payable as prescribed
7 for financially responsible officers; providing
8 requirements relating to the submission of
9 fingerprints by initial applicants; providing
10 an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsection (5) of section 450.31, Florida
15 Statutes, is amended, present subsection (6) of that section
16 is redesignated as subsection (7), and a new subsection (6) is
17 added to that section, to read:
18 450.31 Issuance, revocation, and suspension of, and
19 refusal to issue or renew, certificate of registration.--
20 (5) The department may permanently revoke or refuse to
21 issue or renew a certificate of registration if such applicant
22 or certificateholder has been convicted within the preceding 5
23 years of:
24 (a) A crime under state or federal law:
25 1. Relating to gambling, or to the sale, distribution,
26 or possession of alcoholic beverages.
27 2. Committed in connection with, or incident to, any
28 farm labor contracting activities; or
29 (b) Any felony under state or federal law involving
30 robbery, bribery, extortion, embezzlement, grand larceny,
31 burglary, or arson, violation of narcotics laws, murder, rape,
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Florida Senate - 2007 CS for SB 2398
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1 assault with intent to kill, assault that inflicts grievous
2 bodily injury, prostitution, peonage, or smuggling or
3 harboring individuals who have entered the country illegally.
4 (6) The department may permanently revoke or refuse to
5 issue or renew a certificate of registration if such applicant
6 or certificateholder has been convicted of a violation of
7 narcotics laws, murder, rape, assault with intent to kill,
8 assault that inflicts grievous bodily injury, prostitution,
9 peonage, smuggling, or harboring individuals who have entered
10 the country illegally.
11 (7)(6) Receipt and acceptance of a certificate of
12 registration as a farm labor contractor constitutes
13 unconditional permission for and acquiescence by the
14 contractor to the inspection by department personnel of books,
15 ledgers, and all other documents that are related to the
16 performance of the contractor's farm labor activities.
17 Section 2. Subsection (11) of section 455.213, Florida
18 Statutes, is amended to read:
19 455.213 General licensing provisions.--
20 (11) Any submission required to be in writing may be
21 required by the department to be made by electronic means. The
22 department may contract with private vendors, or enter into
23 interagency agreements for the purpose of collecting
24 electronic fingerprints if fingerprints are required for
25 registration, certification, or the licensure process, or if
26 criminal history record checks are required.
27 Section 3. Subsection (1) of section 455.2178, Florida
28 Statutes, is amended to read:
29 455.2178 Continuing education providers.--
30 (1) Each continuing education provider shall provide
31 to the department such information regarding the continuing
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1 education status of licensees as the department determines is
2 necessary to carry out its duties under s. 455.2177, in an
3 electronic format determined by the department. After a
4 licensee's completion of a course, the information must be
5 submitted to the department electronically no later than 30
6 calendar days thereafter or prior to the licensee's renewal
7 date, whichever occurs sooner. However, the continuing
8 education provider shall electronically report to the
9 department regarding the completion of a licensee's course
10 within 10 business days beginning on the 30th day before the
11 renewal deadline or before the renewal date, whichever occurs
12 sooner. The foregoing applies only if the profession has not
13 been granted a waiver from the monitoring requirements under
14 s. 455.2177. Upon the request of a licensee, the provider must
15 also furnish to the department information regarding courses
16 completed by the licensee.
17 Section 4. Subsection (1) of section 475.182, Florida
18 Statutes, is amended to read:
19 475.182 Renewal of license; continuing education.--
20 (1)(a) The department shall renew a license upon
21 receipt of the renewal application and fee. The renewal
22 application for an active license as broker, broker associate,
23 or sales associate shall include proof satisfactory to the
24 commission that the licensee has, since the issuance or
25 renewal of her or his current license, satisfactorily
26 completed at least 14 classroom hours of 50 minutes each of a
27 continuing education course during each biennium of a license
28 period, as prescribed by the commission. Approval or denial of
29 a specialty course must be based on the extent to which the
30 course content focuses on real estate issues relevant to the
31 modern practice of real estate by a real estate licensee,
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1 including technology used in the real estate industry. The
2 commission may accept as a substitute for such continuing
3 education course, on a classroom-hour-for-classroom-hour
4 basis, any satisfactorily completed education course that the
5 commission finds is adequate to educate licensees within the
6 intent of this section, including an approved distance
7 learning course. However, the commission may not require, for
8 the purpose of satisfactorily completing an approved
9 correspondence or distance learning course, a written
10 examination that is to be taken at a centralized location and
11 is to be monitored.
12 (b) The commission may accept as a substitute for 3
13 classroom hours, one time per renewal cycle, attendance at one
14 legal agenda session of the commission. In order to obtain
15 credit, the licensee must notify the division at least 7 days
16 before such legal agenda session of his or her intent to
17 attend. A licensee may not earn any continuing education
18 credit for attending a legal agenda session of the commission
19 as a party to a disciplinary action.
20 Section 5. Subsection (3) of section 475.6175, Florida
21 Statutes, is amended to read:
22 475.6175 Registered trainee appraiser; postlicensure
23 education required.--
24 (3) The division board may allow an additional 6-month
25 period after the second renewal following initial licensure or
26 the effective date of this act for completing the
27 postlicensure education courses for registered trainee
28 appraisers who have not completed or cannot complete, due to
29 individual physical hardship, as defined by rule, complete the
30 courses within the required time.
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1 Section 6. Paragraph (b) of subsection (4) and
2 paragraph (b) of subsection (5) of section 489.115, Florida
3 Statutes, are amended, and subsection (8) is added to that
4 section, to read:
5 489.115 Certification and registration; endorsement;
6 reciprocity; renewals; continuing education.--
7 (4)
8 (b)1. Each certificateholder or registrant shall
9 provide proof, in a form established by rule of the board,
10 that the certificateholder or registrant has completed at
11 least 14 classroom hours of at least 50 minutes each of
12 continuing education courses during each biennium since the
13 issuance or renewal of the certificate or registration. The
14 board shall establish by rule that a portion of the required
15 14 hours must deal with the subject of workers' compensation,
16 business practices, and workplace safety, and 1 hour must deal
17 with laws and rules. The board shall by rule establish
18 criteria for the approval of continuing education courses and
19 providers, including requirements relating to the content of
20 courses and standards for approval of providers, and may by
21 rule establish criteria for accepting alternative nonclassroom
22 continuing education on an hour-for-hour basis. The board
23 shall prescribe by rule the continuing education, if any,
24 which is required during the first biennium of initial
25 licensure. A person who has been licensed for less than an
26 entire biennium must not be required to complete the full 14
27 hours of continuing education.
28 2. In addition, the board may approve specialized
29 continuing education courses on compliance with the wind
30 resistance provisions for one and two family dwellings
31 contained in the Florida Building Code and any alternate
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1 methodologies for providing such wind resistance which have
2 been approved for use by the Florida Building Commission.
3 Division I certificateholders or registrants who demonstrate
4 proficiency upon completion of such specialized courses may
5 certify plans and specifications for one and two family
6 dwellings to be in compliance with the code or alternate
7 methodologies, as appropriate, except for dwellings located in
8 floodways or coastal hazard areas as defined in ss. 60.3D and
9 E of the National Flood Insurance Program.
10 3. Each certificateholder or registrant shall provide
11 to the board proof of completion of the core curriculum
12 courses, or passing the equivalency test of the Building Code
13 Training Program established under s. 553.841, specific to the
14 licensing category sought, within 2 years after commencement
15 of the program or of initial certification or registration,
16 whichever is later. Classroom hours spent taking core
17 curriculum courses shall count toward the number required for
18 renewal of certificates or registration. A certificateholder
19 or registrant who passes the equivalency test in lieu of
20 taking the core curriculum courses shall receive full credit
21 for core curriculum course hours.
22 4. The board shall require, by rule adopted pursuant
23 to ss. 120.536(1) and 120.54, a specified number of hours in
24 specialized or advanced module courses, approved by the
25 Florida Building Commission, on any portion of the Florida
26 Building Code, adopted pursuant to part VII of chapter 553,
27 relating to the contractor's respective discipline.
28 (5)
29 (b) In addition to the affidavit of insurance, as a
30 prerequisite to the initial issuance of a certificate, the
31 applicant shall furnish a credit report from a nationally
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Florida Senate - 2007 CS for SB 2398
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1 recognized credit agency that reflects the financial
2 responsibility of the applicant and evidence of financial
3 responsibility, credit, and business reputation of either
4 himself or herself or the business organization he or she
5 desires to qualify. The board shall adopt rules defining
6 financial responsibility based upon the applicant's credit
7 history, ability to be bonded, and any history of bankruptcy
8 or assignment of receivers. The board may also adopt rules
9 that would allow applicants to demonstrate financial
10 responsibility, as an alternative to the foregoing, by
11 providing minimum credit scores or bonds payable as prescribed
12 for financially responsible officers. Such rules shall specify
13 the financial responsibility grounds on which the board may
14 refuse to qualify an applicant for certification.
15 (8) An initial applicant must submit, along with the
16 application, a complete set of fingerprints in a form and
17 manner required by the department. The fingerprints shall be
18 submitted to the Department of Law Enforcement for state
19 processing, and the Department of Law Enforcement shall
20 forward them to the Federal Bureau of Investigation for the
21 purpose of conducting a level 2 background check pursuant to
22 s. 435.04. The department shall and the board may review the
23 background results to determine if an applicant meets
24 licensure requirements. The cost of the fingerprint processing
25 shall be borne by the person subject to the background
26 screening, and all applicable fees shall be collected by the
27 authorized agencies or vendors. The authorized agencies or
28 vendors are responsible for paying the processing costs to the
29 Department of Law Enforcement.
30 Section 7. This act shall take effect upon becoming a
31 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2398
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4 The Committee Substitute deletes the amendments to s.
468.529(1), F.S., that relieved employee leasing companies
5 from being responsible for providing workers' compensation
coverage for the lease employees if the company leasing the
6 employees provides the coverage.
7 It clarifies that when real estate licenses obtain continuing
education credits for attendance at a Florida Real Estate
8 Commission disciplinary meeting, it cannot be at a meeting
where the licensee is a party to a disciplinary action.
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It creates s. 489.115(8), F.S., to require an initial
10 applicant to submit a complete set of fingerprints in a manner
required by the department. The fingerprints must be
11 submitted to the Department of Law Enforcement who then must
forward them to the Federal Bureau of Investigation for a
12 level 2 background check. The applicant must pay for the
fingerprint processing.
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