61J2-2.027: Applications by Individuals
PURPOSE AND EFFECT: To incorporate forms into the applicable Florida Real Estate Commission license application rules.
SUMMARY: Changes the questions asked about treatment of mental impairment and alcohol and drug disorders.
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.
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 Applications by Individuals.
The application of a natural person for active licensure pursuant to Rule 61-35.0271, Florida Administrative Code, with respect to sales associates and pursuant to Rule 61-35.02711, Florida Administrative Code, with respect to brokers, both of which are incorporated herein by reference, 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) No change.
(b) If the application is for broker:
1. Has been registered as an active sales associate for at least 24 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 24 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 24 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) No change.
(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 investors and to those with whom the applicant may undertake a relation of trust and confidence. The applicant is required to disclose:
(a) No change.
(b) In the last five years, have you been admitted or referred to a hospital, facility or impaired practitioner program for treatment of a diagnosed mental disorder or impairment? If now a patient of a mental health facility or similar institution for the treatment of mental disabilities, or
(c) In the last five years, were you admitted or directed into a program for the treatment of a diagnosed substance-related (alcohol/drug) disorder or, if you were previously in such a program, did you suffer a relapse within the last five years?
(d)(c) If ever called by, or done business under any other name, or alias, than the name signed on the application, with sufficient information to enable the Commission to investigate the circumstances, or
(e)(d) If ever had a broker’s or sales associate’s license revoked, suspended, or otherwise acted against, or had an application for such licensure denied, by the real estate licensing agency of another state, territory, or country.
(3) Each application shall be accompanied by digital fingerprint data a completed FBI fingerprint card for processing to determine if the applicant has a criminal history record, 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.
Rulemaking 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,________.