61J2-2.027: Applications by Individuals
PURPOSE AND EFFECT: The rule amendment deletes language that is in the statute and modifies other language to improve its clarity.
SUMMARY: The rule amendment deletes language that is in the statute and modifies other language to improve its clarity.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 475.05 FS.
LAW IMPLEMENTED: 475.17, 475.175, 475.451 FS., Georgia Association of Realtors, Inc., et al. v. Florida Real Estate Commission, et al., Civil Case No. 87-15-Orl-Civ-18 (M.D. Fla. 1987).
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lori Crawford, Deputy Clerk, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N802, Orlando, Florida 32801
THE FULL TEXT OF THE PROPOSED RULE IS:
61J2-2.027 Character Inquiry into Individual Applicants Applications by Individuals.
An individual applicant The application of a natural person for active licensure, whether the applicant expects to operate alone, or as a partner, or with a corporation, or as a sales associate, is governed by substantially the same rules and forms.
(1) The applicant must meet necessary personal qualifications as follows:
(a) Is 18 years of age or older.
(b) If the application is for broker:
1. Has been registered as an active sales associate for at least 12 months during the preceding 5 years under one or more brokers;
2. Has held a current and valid real estate sales associate’s license for at least 12 months during the preceding 5 years in the employ of a governmental agency for a salary and performing the duties authorized in Chapter 475, F.S.; or
3. Has held a current and valid real estate broker’s license for at least 12 months during the preceding 5 years in any other state, territory, or jurisdiction of the United States, or in any foreign national jurisdiction.
(c) Hold a high school diploma or its equivalent.
(2) The applicant must make it possible to immediately begin the inquiry as to whether the applicant is honest, truthful, trustworthy, of good character, and bears a good reputation for fair dealings, and will likely make transactions and conduct negotiations with safety to the public investors and to those with whom the applicant may undertake a relation of trust and confidence. The applicant must fully is required to disclose and explain whether the applicant has ever:
(1) Entered a plea of nolo contendere (no contest), or gulity to, or been convicted of, any crime in any jurisdiction;
(a) If ever convicted of a crime, or if
(2) Had any judgment or decree has been rendered against the applicant for fraud or dishonesty dealings;, or
(3) Been (b) If now a patient of a mental health facility or similar institution; for the treatment of mental disabilities, or
(4) Used or transacted (c) If ever called by, or done business in under any other name, or alias, than the name signed on his or her the application, with the Department sufficient information to enable the Commission to investigate the circumstances, or;
(d) If ever had a broker’s or sales associate’s license
(3) Each application shall be accompanied by a completed FBI fingerprint card for processing, and
(4) All applicants for permits to instruct or be a permitholder for a real estate school must comply with Sections 475.451(2)(a) and (c), F.S.
(5) Had any application for occupational or professional licensure, in any jurisdiction, denied; and
(6) Had any occupational or professional license revoked, suspended, or otherwise acted against, in any jurisdiction or had an application for such licensure denied, by the real estate licensing agency of another state, territory, or country.
Specific Authority 475.05 FS. Law Implemented 475.17, 475.175, 475.451 FS., Georgia Association of Realtors, Inc., et al. v. Florida Real Estate Commission, et al., Civil Case No. 87-15-Orl-Civ-18 (M.D. Fla. 1987). History–New 1-1-80, Formerly 21V-2.27, Amended 4-10-88, 5-20-90, 1-13-91, 7-15-92, 7-20-93, Formerly 21V-2.027, Amended 11-10-97, 1-18-00, 11-26-03,________.