The Florida Department of Business and Professional Regulation or commonly known as DBPR is the governing agency over licenses in the state of Florida.

During the 2009 Legislative Session- the Florida State Legislature passed a new law- House Bill 425 as part of Chapter 455.227 (I0(t) that is for real estate licensees, appraisers, CAM and state contractors.

NEW REPORTING REQUIREMENT FOR CRIMINAL CONVICTIONS:

Beginning October 1, 2009, Chapter 455.227(1)(t)requires all licensees to report to the department within 30 days of being convicted or found guilty of, or having plead nolo contendere or guilty to a crime in any jurisdiction. This law also requires that any conviction prior to October 1, 2009.

A licensee who fails to report that information, may be subject to disciplinary action, including fines, suspension or license revocation. To report this information, complete the criminal self-reporting document and mail to the department as provided on the form.


There are two parts to this change that licensees need to be aware of:  1) In most cases the law previously required the reporting of felony convictions only, not misdemeanors.  The law now requires the reporting of misdemeanors.  2) The law change now requires retroactive reporting for any crime that was not previously reported to the state, whether it occurred prior to getting a license, or after the license was obtained.



That means that if you have ever been convicted of a DUI; you now have to report that even if it happened before you got your license and even if it is a misdemeanor. That means that if you ever got convicted of a misdemeanor of possession of pot- guess what- now they want to know about that.

I am hoping that does not mean they will start revoking licenses over stuff that happened years ago to agents who have been serving their clients diligently and ethically.

They are really looking for those that are convicted of Fraud, Identity Theft, Extortion and those types of crimes.

Here is the form for reporting anything!


Please call DBPR directly if you have any questions at 850-487-1395.


 

 


 
Post is included in group: Realtors®
Post is included in group: Diary of a Realtor
Post is included in group: Dedicated Bloggers
Post is included in group: All Things Florida
Post is included in group: Active Rain Question Of The Week

11 Comments on IMPORTANT! Florida Real Estate Agents: New Licensee Law!

NOV
20

Hello Katerina, this is another example of why it's important to always stay out of trouble!  Since background screening was only required when we initially obtained our Licenses, I think the new Law will affect many who have had things happen after they obtained their Licenses.   On a similar, but different note, with the majority of Employers requiring thorough Background screening (even for Jobs that aren't considered to be great Jobs), I often think that there are hard working people out there who want Jobs, but can't get hired because of prior convictions, even things that aren't of a very serious nature, which seems almost counter-productive.  Even poor Credit stops some Employers from hiring people and I wonder what will happen in the future with that requirement since more people will have poor Credit because of current economic conditions.

I'm just happy that I've never been arrested and plan to keep it that way.  One bad incident can happen and, in the blink of an eye, your entire life and livelihood can be seriously damaged.

11:20am • #1
256,739 Points 5 Featured Posts Localism Sponsor Outside Blog Hit Router

Katerina ---- wow, interesting changes in the Florida law.

                                                                   

1:16pm • #2
698,276 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router

Vickie- I know people who can not find work because they have a record. They are good people who made stupid mistakes - non violent- when they were young and wild. I think that if you serve your time, pay your dues, and are on good behavior and reformed that you are then supposed to be allowed a fresh start. Keeping them out of jobs does not help promote rehabilitation. I also think there are a lot of non violent crimes that should not be punished so severely as they are. Just the libertarian in me:) 

6:38pm • #3

Hi Katerina, I agree completely.  It seems that such people are made to serve time for the rest of their lives instead of being able to move on with life after the original punishment.  The punishers claim that they want to see people be productive citizens after serving their time, but how are they supposed to avoid illegal activity to make a living if Employers won't hire them and if they're not allowed to become involved in other business ventures?  I also agree that there are lots of non violent Crimes that are punished too severely.

8:09pm • #4
432,448 Points 27 Featured Posts Outside Blog

I am not gettting it. People who would want to lie, would not report and stay and may never be caught. And if they worked for years and there were complaints, why hunt them?

 

10:24pm • #5
NOV
21
328,288 Points 3 Featured Posts Localism Sponsor Outside Blog

This will shake things up a bit!  I hope it will weed out a few undesirables.

2:30pm • #6
432,448 Points 27 Featured Posts Outside Blog

Georgina,

Who you call undesirables? People who had a misdemeanor 20 years ago, and not have to report themselves to DBPR? For whom they are undesirable?

It is not on a professional level, who is good and who is bad. It is totally foreign to the notion of professionalism.

It is more like a witch hunt.

A disclaimer. I never had a felony or misdemeanor

8:02pm • #7
698,276 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router

Jon- I know this is a witch hunt and I also know that this is the state's lazy way of trying to fix a problem from the wrong angle. Instead of spending money and time on investigating fraud they are going to cause agents, appraisers and contractors to snitch on themselves for past offenses so they can say they cleaned house while the real bad guys get away with it because guess what- light bulb time- most of the real bad guys are NOT licensed! Not rocket science. 

While we have the best judicial system in the world it is far from perfect. I know people who have been falsely accused of crimes they did not commit. They did not have the money and some even did, but they took plea bargains because the chance of them being convicted even though falsely was still there. I know a very innocent person who's whole life is ruined simply for being in the wrong place at the wrong time and even helping the cops find the real bad guy, but he is in prison for a conspiracy charge which is near impossible to beat. 

Then we have the tale of my x and Nestor. My x never paid his child support until he finally went to jail for a few days. He never gets in trouble for anything and has done plenty. Then we have Nestor who pays his child support on time and has for over 10 years and he pays a lot. Well, the state of Texas changed their computer reporting system and Nestor's proof of payments were deleted. He could have lost his Broker's license, his driver's license and his passport just by their accusation-that he did not pay when he did. No matter what cancelled checks we sent to them, no matter what complaints we filed, guess what, they still went after him with a vengeance until we spent THOUSANDS of dollars on an attorney. She found out that all that proof we sent to them was sitting on one of their desks =- UNOPENED! We finally won- in fact- our attorney discovered Nestor has way OVERPAID! So would that make him a bad guy not worthy to sell real estate????? 

My oldest son was abused by his biological father- who like I said, gets away with abuse, etc. Well, that jerk could not stop with the abuse and accused his own son of stealing from him and had him put in jail. That son is now 30 years old and that is still hanging over his head. I had to fight with the prosecutors that it was not my son, but rather his father who caused all of that. But the record could not get erased. It is a tragedy. So he would have to snitch on himself if he had gotten a license here? 

I can go on and on. Like I said, what if you did your time? What if you served your punishment? Does that make you forever scarred and marked? I know people who can not get a new lease on life because of past mistakes and stupid choices. But they have matured and are grown up now. Should they still keep being punished after they served their sentence? 

 

 

9:48pm • #8
698,276 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router

The law here has always been that you have to disclose felony convictions. THe new law says that you must disclose misdemeanors! Heck, that means someone getting caught in college smoking pot- would now have to disclose that! How stupid is that! 

9:50pm • #9
NOV
22

WOW how did I miss this update.  Good info. thanks for the post.  Was this in the FAR daily newsletter (email)???

10:24pm • #10
698,276 Points 104 Featured Posts Localism Sponsor Outside Blog Hit Router

Daniel- I don't know if it was. I get most of my info direct from our board. 

11:35pm • #11

Leave a response…



(optional)
What does the graphic say?
 
Ambassador_large

Nestor & Katerina Gasset Realtors® Wellington Florida Luxury Homes

Wellington, FL

More about me…

International Properties and Investments, Inc.

Address: 1021 Cherry Lane, Wellington, Fl, 33414

Office Phone: (561) 753-0135

Cell Phone: (561) 502-1577

Email Me

Wellington Florida Real Estate Blog By Katerina Gasset of International Properties & Investments, Inc. is a Great Place For Real Estate Agents and Potential Buyers and Sellers to get to know more about Wellington Florida as well as other parts of Palm Beach County.

Register to SEO to the Top Webinar

Subscribe to my blog by email

Join Active Rain




Powered by RealBird

Locations of visitors to this page iCLIPART.com <!--- YPQNXNLRRSEP --->



Links

Archives

RSS 2.0 Feed for this blog