Senate Bill 1164
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Florida Senate - 1998 SB 1164
By Senator Clary
315-967-98
1 A bill to be entitled
2 An act relating to rulemaking authority with
3 respect to professional regulation; amending s.
4 475.17, F.S.; authorizing the Florida Real
5 Estate Commission to adopt rules requiring
6 written evidence to establish good character;
7 amending s. 475.25, F.S.; authorizing the
8 Florida Real Estate Commission to adopt rules
9 concerning the advertising of property or
10 services and extending certain time limits for
11 licensees on probation; amending s. 475.182,
12 F.S.; making brokers responsible for
13 salespersons' compliance with renewal
14 requirements and allowing the Florida Real
15 Estate Commission to adopt related rules;
16 amending s. 489.115, F.S.; providing for the
17 adoption of rules relating to continuing
18 education requirements by the Construction
19 Industry Licensing Board; amending s. 489.1195,
20 F.S.; authorizing the Construction Industry
21 Licensing Board to adopt rules defining the
22 qualifications for financially responsible
23 officers; amending s. 492.105, F.S.;
24 authorizing the Board of Professional
25 Geologists to determine acceptable geology
26 education; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Paragraph (a) of subsection (1) of section
31 475.17, Florida Statutes, is amended to read:
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Florida Senate - 1998 SB 1164
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1 475.17 Qualifications for practice.--
2 (1)(a) An applicant for licensure who is a natural
3 person must be at least 18 years of age; hold a high school
4 diploma or its equivalent; be honest, truthful, trustworthy,
5 and of good character; and have a good reputation for fair
6 dealing. An applicant for an active broker's license or a
7 salesperson's license must be competent and qualified to make
8 real estate transactions and conduct negotiations therefor
9 with safety to investors and to those with whom the applicant
10 may undertake a relationship of trust and confidence. If the
11 applicant has been denied registration or a license or has
12 been disbarred, or the applicant's registration or license to
13 practice or conduct any regulated profession, business, or
14 vocation has been revoked or suspended, by this or any other
15 state, any nation, or any possession or district of the United
16 States, or any court or lawful agency thereof, because of any
17 conduct or practices which would have warranted a like result
18 under this chapter, or if the applicant has been guilty of
19 conduct or practices in this state or elsewhere which would
20 have been grounds for revoking or suspending her or his
21 license under this chapter had the applicant then been
22 registered, the applicant shall be deemed not to be qualified
23 unless, because of lapse of time and subsequent good conduct
24 and reputation, or other reason deemed sufficient, it appears
25 to the commission that the interest of the public and
26 investors will not likely be endangered by the granting of
27 registration. The commission may adopt rules requiring an
28 applicant for licensure to provide written information to the
29 commission regarding the applicant's good character.
30 Section 2. Subsection (1) of section 475.182, Florida
31 Statutes, is amended to read:
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Florida Senate - 1998 SB 1164
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1 475.182 Renewal of license; continuing education.--
2 (1) The department shall renew a license upon receipt
3 of the renewal application and fee. The renewal application
4 for an active license as broker, broker-salesperson, or
5 salesperson shall include proof satisfactory to the commission
6 that the licensee has, since the issuance or renewal of her or
7 his current license, satisfactorily completed at least 14
8 classroom hours of 50 minutes each of a continuing education
9 course during each biennium, as prescribed by the commission.
10 The commission may accept as a substitute for such continuing
11 education course, on a classroom-hour-for-classroom-hour
12 basis, any satisfactorily completed education course that the
13 commission finds is adequate to educate licensees within the
14 intent of this section. However, the commission may not
15 require, for the purpose of satisfactorily completing an
16 approved correspondence course, a written examination that is
17 to be taken at a centralized location and is to be monitored.
18 The broker is responsible for ensuring, in accordance with
19 rules adopted by the commission, that any salesperson
20 registered with the broker has complied with the commission's
21 requirements and the timely renewal of the license.
22 Section 3. Paragraph (c) of subsection (1) of section
23 475.25, Florida Statutes, is amended, and subsection (4) is
24 added to that section, to read:
25 475.25 Discipline.--
26 (1) The commission may deny an application for
27 licensure, registration, or permit, or renewal thereof; may
28 place a licensee, registrant, or permittee on probation; may
29 suspend a license, registration, or permit for a period not
30 exceeding 10 years; may revoke a license, registration, or
31 permit; may impose an administrative fine not to exceed $1,000
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Florida Senate - 1998 SB 1164
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1 for each count or separate offense; and may issue a reprimand,
2 and any or all of the foregoing, if it finds that the
3 licensee, registrant, permittee, or applicant:
4 (c) Has advertised property or services in a manner
5 which is fraudulent, false, deceptive, or misleading in form
6 or content. The commission may adopt rules providing for the
7 manner in which licensees advertise property or services.
8 (4) The commission may adopt rules allowing the
9 Director of the Division of Real Estate to grant to a licensee
10 placed on probation additional time within which to complete
11 the terms of probation, but the rules must allow the licensee
12 to appeal any denial to the commission.
13 Section 4. Paragraph (b) of subsection (4) of section
14 489.115, Florida Statutes, is amended to read:
15 489.115 Certification and registration; endorsement;
16 reciprocity; renewals; continuing education.--
17 (4)
18 (b)1. Each certificateholder or registrant shall
19 provide proof, in a form established by rule of the board,
20 that the certificateholder or registrant has completed at
21 least 14 classroom hours of at least 50 minutes each of
22 continuing education courses during each biennium since the
23 issuance or renewal of the certificate or registration. The
24 board shall establish by rule that a portion of the required
25 14 hours must deal with the subject of workers' compensation
26 and workplace safety. The board shall by rule establish
27 criteria for the approval of continuing education courses and
28 providers, including requirements relating to the content of
29 courses and standards for approval of providers, and may by
30 rule establish criteria for accepting alternative nonclassroom
31 continuing education on an hour-for-hour basis. The board
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1 shall prescribe by rule the continuing education, if any,
2 which is required during the first biennium of initial
3 licensure. A person who has been licensed for less than an
4 entire biennium must not be required to complete the full 14
5 hours of continuing education.
6 2. In addition, the board may approve specialized
7 continuing education courses on compliance with the wind
8 resistance provisions for one and two family dwellings
9 contained in the State Minimum Building Codes and any
10 alternate methodologies for providing such wind resistance
11 which have been approved for use by the Board of Building
12 Codes and Standards. Division I certificateholders or
13 registrants who demonstrate proficiency upon completion of
14 such specialized courses may certify plans and specifications
15 for one and two family dwellings to be in compliance with the
16 code or alternate methodologies, as appropriate, except for
17 dwellings located in floodways or coastal hazard areas as
18 defined in ss. 60.3D and E of the National Flood Insurance
19 Program.
20 Section 5. Subsection (1) of section 489.1195, Florida
21 Statutes, is amended to read:
22 489.1195 Responsibilities.--
23 (1) A qualifying agent is a primary qualifying agent
24 unless he or she is a secondary qualifying agent under this
25 section.
26 (a) All primary qualifying agents for a business
27 organization are jointly and equally responsible for
28 supervision of all operations of the business organization;
29 for all field work at all sites; and for financial matters,
30 both for the organization in general and for each specific
31 job.
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1 (b) Upon approval by the board, a business entity may
2 designate a financially responsible officer for purposes of
3 certification or registration. A financially responsible
4 officer shall be responsible for all financial aspects of the
5 business organization and may not be designated as the primary
6 qualifying agent. The designated financially responsible
7 officer shall furnish evidence of the financial
8 responsibility, credit, and business reputation of either
9 himself, or the business organization he desires to qualify,
10 as determined appropriate by the board.
11 (c) Where a business organization has a certified or
12 registered financially responsible officer, the primary
13 qualifying agent shall be responsible for all construction
14 activities of the business organization, both in general and
15 for each specific job.
16 (d) The board shall adopt rules prescribing the
17 qualifications for financially responsible officers, including
18 net worth, cash, and bonding requirements. These
19 qualifications must be at least as extensive as the
20 requirements for the financial responsibility of qualifying
21 agents.
22 Section 6. Paragraph (d) of subsection (1) of section
23 492.105, Florida Statutes, is amended to read:
24 492.105 Licensure by examination; requirements;
25 fees.--
26 (1) Any person desiring to be licensed as a
27 professional geologist shall apply to the department to take
28 the licensure examination. The written licensure examination
29 shall be designed to test an applicant's qualifications to
30 practice professional geology, and shall include such subjects
31 as will tend to ascertain the applicant's knowledge of the
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1 theory and the practice of professional geology and may
2 include such subjects as are taught in curricula of accredited
3 colleges and universities. The department shall examine each
4 applicant who the board certifies:
5 (d) Fulfills the following educational requirements at
6 a college or university the geological curricula of which meet
7 the criteria established by an accrediting agency recognized
8 by the United States Department of Education:
9 1. Graduation from such college or university with a
10 major in geology or other related science acceptable to the
11 board department; and
12 2. Satisfactory completion of at least 30 semester
13 hours of geological courses, 24 of which must be at the third
14 or fourth year or graduate level.
15 Section 7. This act shall take effect upon becoming a
16 law.
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19 SENATE SUMMARY
20 Authorizes the Florida Real Estate Commission to adopt
rules requiring evidence of applicants' good character,
21 prescribing advertising guidelines, and granting certain
extensions for licensees on probation. Authorizes the
22 Construction Industry Licensing Board to adopt rules
relating to continuing education requirements. Authorizes
23 the Board of Professional Geologists to adopt rules
relating to licensing requirements.
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