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