| 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. |