HB 7163

1
A bill to be entitled
2An act relating to the Department of Business and
3Professional Regulation; amending s. 455.213, F.S.;
4authorizing the department to contract with certain
5vendors or enter into interagency agreements to collect
6electronic fingerprints if fingerprints are required for
7purposes of certification or licensure; amending s.
8455.2178, F.S.; requiring that information concerning
9continuing education be submitted electronically within a
10specified period beginning on the 30th day before the
11licensee's renewal date; amending s. 489.115, F.S.;
12requiring that at least 1 of the hours required for
13continuing education encompass laws and rules; authorizing
14the Construction Industry Licensing Board to adopt rules
15allowing applicants to demonstrate financial
16responsibility by providing minimum credit scores or bonds
17payable as prescribed for financially responsible
18officers; providing requirements relating to the
19submission of fingerprints by initial applicants; amending
20s. 450.31, F.S.; authorizing the department to revoke or
21refuse to issue or renew a person's certificate of
22registration as a farm labor contractor if the person has
23been convicted of certain felonies within any period;
24amending s. 475.182, F.S.; providing that the Florida Real
25Estate Commission may accept one legal agenda session of
26the commission as a substitute for 3 classroom hours
27toward license renewal; requiring the licensee to notify
28the division at least 7 days in advance of his or her
29intent to attend; amending s. 475.6175, F.S.; authorizing
30the Division of Real Estate, rather than the Florida Real
31Estate Appraisal Board, to extend the time within which
32certain registered trainee appraisers may complete the
33required postlicensure education; providing an effective
34date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Subsection (11) of section 455.213, Florida
39Statutes, is amended to read:
40     455.213  General licensing provisions.--
41     (11)  Any submission required to be in writing may
42otherwise be required by the department to be made by electronic
43means. The department is authorized to contract with private
44vendors, or enter into interagency agreements, to collect
45electronic fingerprints where fingerprints are required for
46registration, certification, or the licensure process or where
47criminal history record checks are required.
48     Section 2.  Subsection (1) of section 455.2178, Florida
49Statutes, is amended to read:
50     455.2178  Continuing education providers.--
51     (1)  Each continuing education provider shall provide to
52the department such information regarding the continuing
53education status of licensees as the department determines is
54necessary to carry out its duties under s. 455.2177, in an
55electronic format determined by the department. After a
56licensee's completion of a course, the information must be
57submitted to the department electronically no later than 30
58calendar days thereafter or prior to the licensee's renewal
59date, whichever occurs sooner. However, the continuing education
60provider shall electronically report to the department
61completion of a licensee's course within 10 business days
62beginning on the 30th day before the renewal deadline or prior
63to the renewal date, whichever occurs sooner. The foregoing
64applies only if the profession has not been granted a waiver
65from the monitoring requirements under s. 455.2177. Upon the
66request of a licensee, the provider must also furnish to the
67department information regarding courses completed by the
68licensee.
69     Section 3.  Paragraph (b) of subsection (4) and paragraph
70(b) of subsection (5) of section 489.115, Florida Statutes, are
71amended, and subsection (8) is added to that section, to read:
72     489.115  Certification and registration; endorsement;
73reciprocity; renewals; continuing education.--
74     (4)
75     (b)1.  Each certificateholder or registrant shall provide
76proof, in a form established by rule of the board, that the
77certificateholder or registrant has completed at least 14
78classroom hours of at least 50 minutes each of continuing
79education courses during each biennium since the issuance or
80renewal of the certificate or registration. The board shall
81establish by rule that a portion of the required 14 hours must
82deal with the subject of workers' compensation, business
83practices, and workplace safety and 1 hour of which must deal
84with laws and rules. The board shall by rule establish criteria
85for the approval of continuing education courses and providers,
86including requirements relating to the content of courses and
87standards for approval of providers, and may by rule establish
88criteria for accepting alternative nonclassroom continuing
89education on an hour-for-hour basis. The board shall prescribe
90by rule the continuing education, if any, which is required
91during the first biennium of initial licensure. A person who has
92been licensed for less than an entire biennium must not be
93required to complete the full 14 hours of continuing education.
94     2.  In addition, the board may approve specialized
95continuing education courses on compliance with the wind
96resistance provisions for one and two family dwellings contained
97in the Florida Building Code and any alternate methodologies for
98providing such wind resistance which have been approved for use
99by the Florida Building Commission. Division I
100certificateholders or registrants who demonstrate proficiency
101upon completion of such specialized courses may certify plans
102and specifications for one and two family dwellings to be in
103compliance with the code or alternate methodologies, as
104appropriate, except for dwellings located in floodways or
105coastal hazard areas as defined in ss. 60.3D and E of the
106National Flood Insurance Program.
107     3.  Each certificateholder or registrant shall provide to
108the board proof of completion of the core curriculum courses, or
109passing the equivalency test of the Building Code Training
110Program established under s. 553.841, specific to the licensing
111category sought, within 2 years after commencement of the
112program or of initial certification or registration, whichever
113is later. Classroom hours spent taking core curriculum courses
114shall count toward the number required for renewal of
115certificates or registration. A certificateholder or registrant
116who passes the equivalency test in lieu of taking the core
117curriculum courses shall receive full credit for core curriculum
118course hours.
119     4.  The board shall require, by rule adopted pursuant to
120ss. 120.536(1) and 120.54, a specified number of hours in
121specialized or advanced module courses, approved by the Florida
122Building Commission, on any portion of the Florida Building
123Code, adopted pursuant to part VII of chapter 553, relating to
124the contractor's respective discipline.
125     (5)
126     (b)  In addition to the affidavit of insurance, as a
127prerequisite to the initial issuance of a certificate, the
128applicant shall furnish a credit report from a nationally
129recognized credit agency that reflects the financial
130responsibility of the applicant and evidence of financial
131responsibility, credit, and business reputation of either
132himself or herself or the business organization he or she
133desires to qualify. The board shall adopt rules defining
134financial responsibility based upon the applicant's credit
135history, ability to be bonded, and any history of bankruptcy or
136assignment of receivers. The board may also adopt rules that
137would allow applicants to demonstrate financial responsibility,
138as an alternative to the foregoing, by providing minimum credit
139scores or bonds payable as prescribed for financially
140responsible officers. Such rules shall specify the financial
141responsibility grounds on which the board may refuse to qualify
142an applicant for certification.
143     (8)  An initial applicant shall submit, along with the
144application, a complete set fingerprints in a form and manner
145required by the department. The fingerprints shall be submitted
146to the Department of Law Enforcement for state processing, and
147the Department of Law Enforcement shall forward them to the
148Federal Bureau of Investigation for the purpose of conducting a
149level 2 background check pursuant to s. 435.04. The department
150shall and the board may review the background results to
151determine if an applicant meets licensure requirements. The cost
152for the fingerprint processing shall be borne by the person
153subject to the background screening. These fees are to be
154collected by the authorized agencies or vendors. The authorized
155agencies or vendors are responsible for paying the processing
156costs to the Department of Law Enforcement.
157     Section 4.  Section 450.31, Florida Statutes, is amended to
158read:
159     450.31  Issuance, revocation, and suspension of, and
160refusal to issue or renew, certificate of registration.--
161     (1)  The department shall not issue to any person a
162certificate of registration as a farm labor contractor, nor
163shall it renew such certificate, until:
164     (a)  Such person has executed a written application
165therefor in a form and pursuant to regulations prescribed by the
166department and has submitted such information as the department
167may prescribe.
168     (b)  Such person has obtained and holds a valid federal
169certificate of registration as a farm labor contractor, or a
170farm labor contractor employee, unless exempt by federal law.
171     (c)  Such person pays to the department, by cashier's
172check, certified check, or money order, a nonrefundable
173application fee of $125. Fees collected by the department under
174this subsection shall be deposited in the State Treasury into
175the Professional Regulation Trust Fund.
176     (d)  Such person has successfully taken and passed the farm
177labor contractor examination.
178     (e)  Such person has designated an agent to receive service
179of process and other official or legal documents. The agent must
180be available during regular business hours, Monday through
181Friday, to accept service on behalf of the farm labor
182contractor.
183     (2)  The department may revoke, suspend, or refuse to issue
184or renew any certificate of registration when it is shown that
185the farm labor contractor has:
186     (a)  Violated or failed to comply with any provision of
187this part or the rules adopted pursuant to this part;
188     (b)  Made any misrepresentation or false statement in his
189or her application for a certificate of registration;
190     (c)  Given false or misleading information concerning
191terms, conditions, or existence of employment to persons who are
192recruited or hired to work on a farm;
193     (d)  Been assessed a civil fine by the department for which
194payment is overdue;
195     (e)  Failed to pay unemployment compensation taxes as
196determined by the Agency for Workforce Innovation;
197     (f)  Been denied, or had suspended or revoked, a federal
198certificate of registration as a farm labor contractor; or
199     (g)  Failed to pay federal employee taxes as determined by
200the Internal Revenue Service.
201     (3)  The revocation, suspension of, or refusal to renew any
202permit hereunder will not render any then-current and valid
203contract invalid nor affect the terms of such contract for the
204duration of the growing season then in progress.
205     (4)  The department may refuse to issue or renew, or may
206suspend or revoke, a certificate of registration if the
207applicant or holder is not the real party in interest in the
208application or certificate of registration and the real party in
209interest is a person who has been refused issuance or renewal of
210a certificate, has had a certificate suspended or revoked, or
211does not qualify under this section for a certificate.
212     (5)  The department may permanently revoke or refuse to
213issue or renew a certificate of registration if such applicant
214or certificateholder has been convicted within the preceding 5
215years of:
216     (a)  A crime under state or federal law:
217     1.  Relating to gambling, or to the sale, distribution, or
218possession of alcoholic beverages.
219     2.  Committed in connection with, or incident to, any farm
220labor contracting activities; or
221     (b)  Any felony under state or federal law involving
222robbery, bribery, extortion, embezzlement, grand larceny,
223burglary, or arson, violation of narcotics laws, murder, rape,
224assault with intent to kill, assault that inflicts grievous
225bodily injury, prostitution, peonage, or smuggling or harboring
226individuals who have entered the country illegally.
227     (6)  The department may permanently revoke or refuse to
228issue or renew a certificate of registration if such applicant
229or certificateholder has been convicted of a violation of
230narcotics laws, murder, rape, assault with intent to kill,
231assault that inflicts grievous bodily injury, prostitution,
232peonage, smuggling, or harboring individuals who have entered
233the country illegally.
234     (7)(6)  Receipt and acceptance of a certificate of
235registration as a farm labor contractor constitutes
236unconditional permission for and acquiescence by the contractor
237to the inspection by department personnel of books, ledgers, and
238all other documents that are related to the performance of the
239contractor's farm labor activities.
240     Section 5.  Subsection (1) of section 475.182, Florida
241Statutes, is amended to read:
242     475.182  Renewal of license; continuing education.--
243     (1)(a)  The department shall renew a license upon receipt
244of the renewal application and fee. The renewal application for
245an active license as broker, broker associate, or sales
246associate shall include proof satisfactory to the commission
247that the licensee has, since the issuance or renewal of her or
248his current license, satisfactorily completed at least 14
249classroom hours of 50 minutes each of a continuing education
250course during each biennium of a license period, as prescribed
251by the commission. Approval or denial of a specialty course must
252be based on the extent to which the course content focuses on
253real estate issues relevant to the modern practice of real
254estate by a real estate licensee, including technology used in
255the real estate industry. The commission may accept as a
256substitute for such continuing education course, on a classroom-
257hour-for-classroom-hour basis, any satisfactorily completed
258education course that the commission finds is adequate to
259educate licensees within the intent of this section, including
260an approved distance learning course. However, the commission
261may not require, for the purpose of satisfactorily completing an
262approved correspondence or distance learning course, a written
263examination that is to be taken at a centralized location and is
264to be monitored.
265     (b)  The commission may accept as a substitute for 3
266classroom hours, one time per renewal cycle, attendance at one
267legal agenda session of the commission. In order to obtain
268credit, the licensee must notify the division at least 7 days in
269advance of his or her intent to attend. A licensee may not earn
270any continuing education credit for attending a legal agenda
271session of the commission as a party to a disciplinary action.
272     Section 6.  Subsection (3) of section 475.6175, Florida
273Statutes, is amended to read:
274     475.6175  Registered trainee appraiser; postlicensure
275education required.--
276     (3)  The division board may allow an additional 6-month
277period after the second renewal following initial licensure or
278the effective date of this act for completing the postlicensure
279education courses for registered trainee appraisers who have not
280completed or cannot complete, due to individual physical
281hardship, as defined by rule, complete the courses within the
282required time.
283     Section 7.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.