reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.009 - Practical Examinations

Current through Reg. 50, No. 138; July 16, 2024
(1) Candidates
				required to take a practical examination shall be informed by the Department in
				writing of the performance criterion and any special equipment required for
				such performance.
(2) In the event
				that professional examiners are employed to evaluate candidate performance in
				practical examinations, no less than two examiners shall independently evaluate
				the performance of each candidate. The independent grades of the examiners
				shall be averaged to produce the final score for each candidate unless computed
				in accordance with a formula approved by the appropriate board.
(3) Each examiner shall grade independently
				of the other, and shall not discuss the candidate's performance with anyone at
				any time during the examination or before the grades are recorded.
(4) The practical examiners shall read to the
				candidates the instructions for each practical performance or the instructions
				shall be distributed in written form. The examiners shall grade the candidates
				only with regard to the prescribed performance criterion. The candidate and
				practical examiner shall not engage in conversation during the practical
				performance, unless said conversation is a part of the practical
				examination.
Rulemaking Authority
					 455.203(5),
					 455.217(1) FS.
					 Law Implemented 455.217
					 FS.
New 9-25-80, Amended 2-3-81, 8-5-85, Formerly 21-11.09,
					 21-11.009, Amended 4-27-94, 9-18-96,
					 2-25-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.010 - Grading of Examinations and Grade Notification

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				455.217, F.S., grading of all
				examinations shall be processed only as follows:
(a) National Examinations shall be graded
				solely and exclusively by the national examination provider or its designee.
				National examinations shall include those developed by or for national boards,
				councils, associations or societies.
(b) Departmentally developed objective,
				multiple choice examinations shall be graded by the Department or its designee.
				The Department shall review the item analysis and any statistically
				questionable items after the examination has been administered. Based upon this
				review, the Department shall adjust the scoring key by totally disregarding the
				questionable items for grading purposes or by multi-keying, giving credit for
				more than one correct answer per item. All items which do not adequately and
				reliably measure the applicant's ability to practice the profession shall be
				rejected. The Department or its designee shall calculate each candidate's grade
				utilizing the scoring key or adjusted scoring key, if applicable, and shall
				provide each candidate with a grade report. The only paper that shall be graded
				is the official answer sheet. No credit shall be given for answers written in a
				candidate's examination booklet.
(c) Departmentally developed practical
				examinations shall be graded by the Department or its designee. The Department
				shall review the item analysis, if applicable, examiner agreement report, and
				any procedure judged to be statistically questionable after the examination has
				been administered. Based upon this review, the Department shall adjust the
				scoring criteria by rejecting, crediting, or giving partial credit for any
				procedure or question which does not adequately and reliably measure the
				applicant's ability to practice the profession. The Department or its designee
				shall calculate each candidate's grade using the scoring criteria or adjusted
				scoring criteria, if applicable, and shall provide each candidate with a grade
				report.
(d) If after the
				distribution of grades for a particular administration there are adjustments to
				the scoring, amended grade reports shall be mailed to all failing candidates
				whose scores are increased and to all candidates whose pass/fail status changes
				due to the adjustment unless the candidate has taken and passed a subsequent
				administration of the examination.
(e) Examinations developed or administered
				for the Department by contracted vendors other than national examination
				providers shall be graded by the contracted vendor or by its designee. Grading
				procedures shall be in compliance with the provisions of this
				rule.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.011 - Candidate Review of Examination Questions, Answers, Papers, Grades and Grading Key (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.203(5) FS.
					 Law Implemented 119.07(3)(c),
					 455.217(2)
					 FS.
New 9-25-80, Amended 10-15-81, 10-28-82, Formerly 21-11.11,
					 Amended 6-14-89, 6-2-91, Formerly 21-11.011, Repealed
					 2-13-96.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.012 - Petitioning for a Formal Administrative Hearing and Requesting a Pre-hearing Review (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.203(5),
					 455.229 FS. Law Implemented
					 455.217,
					 455.229
					 FS.
New 9-25-80, Amended 2-3-81, 12-7-81, Formerly 21-11.12,
					 Amended 6-14-89, 5-2-91, 7-28-92, 10-27-92, 5-27-93, Formerly 21-11.012,
					 Amended 9-18-96, 2-25-01, Repealed
					 8-6-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.013 - Miscellaneous (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.203(5) FS.
					 Law Implemented 455.217(1)
					 FS.
New 9-25-80, Formerly 21-11.13, 21-11.013, Amended 9-18-96,
					 Repealed 2-25-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.014 - Security and Monitoring Procedures for Licensure Examination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.217(1)(d)
					 FS. Law Implemented 455.217(1)(d)
					 FS.
New 12-20-81, Amended 10-28-82, Formerly 21-11.14,
					 21-11.014, Amended 9-18-96, Repealed
					 2-25-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.015 - Definition of a National Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				national examination is an examination developed by or for a national or
				multi-state professional association, board, council, or society (hereinafter
				referred to as organization) and administered for the purpose of assessing
				entry level standards of practice necessary to protect the health, safety, and
				welfare of the public from incompetent practice and meets the following
				standards:
(a) The organization must be
				generally recognized by practitioners across the nation in the form of
				representatives from the State Boards or shall have membership representing a
				substantial number of the nation's or states' practitioners who have been
				licensed through the national examination.
(b) The organization shall be the responsible
				body for overseeing the development and scoring of the national
				examination.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.016 - Guidelines for Sharing Department-Developed Examinations With Other States' Licensing Authorities

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				shall, under conditions listed below and for a fee which recovers costs
				associated with such an action, with the concurrence of the appropriate board,
				share department-developed examinations with other state licensing
				authorities.
(2) Upon receipt of an
				expressed interest from another state's licensing authority that a
				department-developed examination be shared, the Department shall require
				completion of a questionnaire that will gather specific and pertinent
				information concerning the other state's need for an examination and the
				resources available to the other state for sharing the department
				examination.
(3) An agreement shall
				be entered into that will require the state licensing authority to adhere to
				the requirements listed in Chapter 61-11, Florida Administrative Code, and any
				other applicable laws and rules.
(4) Absent a board and Department agreed-upon
				exception, the other state's licensing authority may not be permitted to use
				security procedure and operating procedures that are less stringent or specific
				than those required and utilized by the Department.
Rulemaking Authority
					 455.203(5),
					 455.217(1)(f)
					 FS. Law Implemented 455.217(1)(f)
					 FS.
New 2-17-92, Formerly 21-11.016, Amended
					 2-25-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.017 - Candidates' Post Exam Review of Examination Questions, Answers, Papers, Grades and Grading Key

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 455.217(3),
				F.S., a candidate who has taken and failed a departmentally developed objective
				multiple choice examination, a departmentally developed practical examination,
				or an examination developed for the Department by a computer-based testing
				(CBT)-contracted vendor or qualified national testing vendor permitting such a
				service, will have the right to review only the last administered examination
				items, answer sheets, examination books, other examination papers, grades, and
				grading keys for the parts of the examination failed or the questions the
				candidate answered incorrectly. Review of examinations developed by or for a
				national council, association, or society (herein-after referred to as
				"national organization") shall be conducted in accordance with national
				examination security guidelines and timeframes.
(2) Those candidates who elect to exercise
				their right to review must submit a request in writing to the Department or
				on-line with the computer-based testing (CBT)-contracted vendor within the time
				frame as set forth in this section.
(a) Unless
				otherwise provided in board rule, written or on-line review requests must be
				received no later than twenty-one (21) days after the release date on the
				original grade notification. The issuance of an amended grade notice, if
				applicable, will not extend the deadline for a candidate to request a
				post-examination review.
(b) No
				request received past the specified deadline in paragraph (2)(a) will be
				accepted.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.0175 - Petition or a Formal Administrative Hearing and Requesting a Pre-Hearing Review

Current through Reg. 50, No. 138; July 16, 2024
(1) If the
				candidate did not exercise his or her right for the post-examination review,
				pursuant to Section 455.217, F.S., and elects to
				request a formal administrative hearing, he or she will be required to pay the
				post-examination review fee, as specified by board rule or by Department rule
				when there is no board, before a pre-hearing review is scheduled. In order to
				preserve the security and integrity of the examination, such candidate shall be
				permitted to review only the questions and answers missed on the
				examination.
(2) Any comments made
				during the pre-hearing review will not be responded to by the Department. All
				pre-hearing reviews shall be conducted at a location determined by the
				Department. All security procedures outlined in Rules
				61-11.007 and
				61-11.017, F.A.C., shall apply
				to the candidate, the candidate's attorney, and the candidate's expert witness
				for all review sessions.
(3) In
				preparation for a formal administrative hearing, if it is discovered by the
				Department that credit should be awarded for one or more items outlined in the
				candidate's petition, an amended grade notice shall be issued reflecting his or
				her amended score.
Rulemaking Authority
					 455.203(5),
					 455.229 FS. Law Implemented
					 455.217,
					 455.229
					 FS.
New 8-6-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.018 - Translations

Current through Reg. 50, No. 138; July 16, 2024
In authorizing the translation of licensure examinations to
				  an applicant's native language, the Legislature has determined that translated
				  licensure examinations pose no inherent threat to the public health, safety,
				  and welfare.
(1) To allow the
				Department sufficient time to translate an examination, an applicant for
				licensure in a profession directly regulated by the department wishing to take
				the examination in a language other than English or Spanish shall:
(a) File a written request with the
				Department at least six (6) months prior to the date of the scheduled
				examination.
(b) Submit, in
				addition to all other applicable fees, the required translation fee as defined
				in subsection (2) of this rule on or before the 60th day prior to the date of
				the scheduled examination.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-11 - EXAMINATIONS › Section 61-11.019 - Use of Pilot Test Items in Examinations

Current through Reg. 50, No. 138; July 16, 2024
Written examinations developed by or for the Department may
				  include pilot test or experimental questions for the purpose of evaluating the
				  statistical and/or psychometric qualities of new or revised questions prior to
				  their use in an examination. Pilot test or experimental questions will not be
				  identified to the candidates as pilot test questions on the examination.
(1) The maximum number of pilot test
				questions included in a single examination shall not exceed 20 percent (20%) of
				the number of questions on the examination which are not pilot test questions,
				or ten (10) questions, whichever is greater.
(2) Pilot test questions shall not be counted
				toward the candidate's score on the examination. Answers to pilot test
				questions shall not be subject to review by the candidate during the review
				process.
Rulemaking Authority
					 455.203(5),
					 455.217(1) FS.
					 Law Implemented 455.217(1)
					 FS.
New 8-28-95, Amended
					 2-25-01.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-15 - ELECTRONIC FUNDS TRANSFER › Section 61-15.001 - Scope of Rules

Current through Reg. 50, No. 138; July 16, 2024
This chapter sets forth rules to be used by the Department of
				  Business and Professional Regulation in the administration of Sections
				  210.021,
				  210.31,
				  550.0251(8),
				  and 561.111, F.S., authorizing the
				  secretary of the department to require certain taxpayers to remit taxes and
				  fees by electronic transfer of funds. If there is a conflict between these
				  rules and any other rules applicable to taxes or fees subject to electronic
				  funds transfer, these rules shall govern.
Rulemaking Authority
					 20.05,
					 210.10,
					 210.021(3),
					 210.75(2),
					 550.0251,
					 561.08,
					 561.11 FS. Law Implemented
					 210.021,
					 210.31,
					 550.0251(8),
					 550.0951,
					 561.111
					 FS.
New 8-29-91, Formerly
					 7-8.001.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-15 - ELECTRONIC FUNDS TRANSFER › Section 61-15.005 - Methods of Electronic Fund Transfer

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The department will utilize the ACH debit transfer as the method by which
				certain large taxpayers subject to EFT requirements shall remit taxes by
				electronic funds transfer.
(2) The
				Secretary or the Secretary's designee will consider taxpayers' requests to use
				the ACH credit method on a case by case basis, as an exception to the required
				use of the ACH debit method.
(a) A taxpayer
				who requests permission to use the ACH credit method must submit a written
				request to the department through the Department of Revenue which demonstrates
				the existence of a valid business operational reason for using the ACH credit
				method in lieu of the ACH debit method. A taxpayer who is already using the ACH
				credit method is deemed to have a valid business reason for using the ACH
				credit method to remit payments of Florida taxes.
(b) The written request to use the ACH credit
				method shall be filed with the Chief, Bureau of Revenue Processing, Department
				of Revenue, 5050 West Tennessee Street, Tallahassee, Florida 32399. The
				department will accept facsimile transmissions at telephone
				(850)922-5088.
(c) Use of the ACH
				credit method by a taxpayer will be conditioned upon the taxpayer's agreement
				to provide payment information to the data collection center as provided in
				these rules.
(d) The department
				reserves the right to revoke the ACH credit method payment privilege of any
				taxpayer who: does not consistently transmit error-free payments; substantially
				varies from the requirements and specifications of these rules; repeatedly
				fails to make timely EFT payments or to timely provide payment information; or
				repeatedly fails to provide the required addenda record with the EFT
				payment.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-15 - ELECTRONIC FUNDS TRANSFER › Section 61-15.007 - Payment Transmission Errors

Current through Reg. 50, No. 138; July 16, 2024
(1) If a
				taxpayer does not make a correct payment of tax for a particular period, such
				taxpayer shall, on the nearest business day to the date on which the error is
				discovered, contact the Chief of Finance and Accounting or a designee at
				telephone (850)488-2014 for specific instructions.
(a) If the taxpayer error involves an
				overpayment of tax, the taxpayer may either elect to have the overpayment
				applied against the liability for the next reporting period or apply for a
				refund under the provisions of the applicable tax statute.
(b) If the taxpayer error involves an
				underpayment of tax, the taxpayer must make appropriate arrangements to
				initiate payment for the amount of the underpayment.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-15 - ELECTRONIC FUNDS TRANSFER › Section 61-15.008 - Procedures for Payment

Current through Reg. 50, No. 138; July 16, 2024
(1) ACH Debit
				Method.
(a) The taxpayer must report payment
				information to the data collection center, by the approved means of
				communication, no later than 3:45 p.m. (Eastern Time), on the business day
				immediately preceding the due date of the payment. The data collection center
				must be called, using the specified toll-free number, during the call-in period
				specified in the detailed instructions provided to EFT taxpayers. The
				department will bear the costs of processing EFT payments. Communication by the
				taxpayer during the call-in period is mandatory to assure the timely posting of
				the taxpayer's payment.
(b) A trace
				number will be issued at the conclusion of the communication of the payment
				information for each tax type and tax period. This number provides a means of
				verifying the accuracy of the recorded tax payment and serves as a receipt for
				the transaction.
(c) After the
				expiration of the call-in period, the department will receive an electronic
				transmission from the data collection center containing all the payment
				information that has been communicated to the data collection center during
				that call-in period.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-15 - ELECTRONIC FUNDS TRANSFER › Section 61-15.010 - General Administrative Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Taxpayers who are required to remit tax payments through EFT must initiate the
				transfer, in accordance with established banking practice, so that the amount
				due is deposited as collected funds to the State Treasurer's account on or
				before the due date under the appropriate law. If a tax due date falls on a
				Saturday, a Sunday, a legal holiday as defined in Section
				658.70(1),
				F.S., or on a legal holiday of the jurisdiction in which the taxpayer's
				financial institution is located, the deposit by electronic funds transfer is
				required on or before the first banking day thereafter. For the purposes of
				these rules, "banking day" has the meaning prescribed in Section
				658.70(1), F.S.
				If the date on which the taxpayer is required to initiate either an ACH debit
				or an ACH credit transfer falls on a Saturday, Sunday, or business or banking
				holiday, the taxpayer must either initiate the transaction on the preceding
				business day or wire transfer the funds pursuant to subsection
				12-24.008(3),
				F.A.C.
(2) The EFT method of
				payment does not change any current filing requirements for tax returns. Except
				as otherwise provided in these rules, if the EFT payment is not timely made or
				the tax return required is not filed by the due date, any applicable provisions
				for late filing penalties, interest, or loss of collection allowances shall
				apply under the provisions of the appropriate law.
(3) The provisions of Chapter 120, F.S.,
				shall govern the compromise and settlement of any tax, interest, or penalty
				assessed due to the late payment of an electronically filed payment, except as
				provided in these rules.
(a) Good cause for
				the compromise of any penalty resulting from such late payment shall include
				the following:
1. The inability to access the
				EFT system on the required date because of a system failure beyond the
				reasonable control of the taxpayer,
2. The failure of the EFT system to properly
				apply a payment, or
3. The failure
				of the EFT system to issue proper verification of receipt of payment
				information.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-16 - TAX MATTERS › Section 61-16.001 - Scope of Rules (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 72.011 (2)(b)3. FS. Law
					 Implemented 72.011, 72.031
					 FS.
New 2-19-98, Repealed
					 6-28-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-16 - TAX MATTERS › Section 61-16.002 - General Administrative Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				TAX AND TAX ASSESSMENTS PENALTIES - DIVISION OF ALCOHOLIC BEVERAGES AND
				TOBACCO. Any tax assessment, assessment penalty or interest assessment issued
				by the Department of Business and Professional Regulation, Division of
				Alcoholic Beverages and Tobacco, becomes final for purposes of Section
				72.011, Florida Statutes, when a
				Notice of Assessment indicating an assessment and/or assessment penalty and/or
				interest assessment has been served on a taxpayer.
(2) TAX AND TAX ASSESSMENTS PENALTIES -
				DIVISION OF PARI-MUTUEL WAGERING. Any tax assessment, assessment penalty or
				interest assessment issued by the Department of Business and Professional
				Regulation, Division of Pari-Mutuel Wagering, becomes final for purposes of
				Section 72.011, Florida Statutes, when
				an administrative complaint or other charging document indicating an assessment
				and/or assessment penalty and/or interest assessment has been served on a
				taxpayer.
(3) TAX REFUND DENIAL.
				Any tax refund denial issued by the Department of Business and Professional
				Regulation becomes final for purposes of Section
				72.011, Florida Statutes, when
				final agency action is taken by the Department concerning the refund request
				and taxpayer is notified of this decision and advised of alternatives available
				to the taxpayer for contesting the action taken by the
				agency.
Specific Authority
					 72.011 (2)(b)3. FS. Law
					 Implemented 72.011, 72.031
					 FS.
New 2-19-98.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-19 - TALENT AGENCIES › Section 61-19.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Manager" means one who advises, guides
				or directs an artist in career development and is not primarily involved in
				placing the artist in employment.
(2) "Modeling or photographing a minor in the
				nude in the absence of written permission from the minor's parents or legal
				guardians" means the visual display of the buttocks, genitals, or female
				breast, areolae, or nipples of a person under the age of eighteen (18) years
				without having both the parents, if living, or legal guardians, of said minor
				fully advised of the intended activity, and both parents' or guardians'
				execution of written consent for such visual display of their child or
				ward.
(3) "Similar experience"
				means direct experience as a subagent, casting director, producer, director,
				advertising agent, talent coordinator or musical booking agent, or having been
				employed in an occupation that is primarily oriented toward placing, or
				attempting to place, others into employment circumstances.
(4) "Actively participating" means actual
				supervision of and involvement in the operations and business of the
				corporation.
(5) "Consent of
				Department for business transacted under alternate name" means written consent
				issued by the Secretary or the Secretary's authorized agent.
(6) "Divided fee" means the process by which,
				without written contractual approval of the artist, any two or more persons
				receive compensation for placing an artist and the total compensation paid to
				such agents exceeds the compensation that would have been paid to only one
				agent acting in behalf of the artist.
(7) "Principal officer" means:
(a) President, Vice President, Secretary or
				Treasurer of a corporation, or
(b)
				Any other officer who has management responsibilities in the corporation, as
				documented by the corporate chapter or by-laws.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-19 - TALENT AGENCIES › Section 61-19.004 - Surety Bond (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.402(3) FS.
					 Law Implemented 468.408
					 FS.
New 7-27-87, Formerly 21-19.004, Repealed
					 9-20-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-19 - TALENT AGENCIES › Section 61-19.005 - Fees

Current through Reg. 50, No. 138; July 16, 2024
The following fees shall be charged for talent
				  agencies:
(1) Application fee -
				$300.
(2) Initial license fee -
				$200 if licensed after May 31 of any odd numbered year; otherwise initial
				license fee of $400, license to expire on May 31 of each even numbered
				year.
(3) Renewal of license -
				$400.
(4) Reinstatement:
(a) Delinquency fee of $25 in addition to the
				regular current biennial renewal fee if late less than 45 days.
(b) Reinstatement of license for failure to
				renew when late more than 45 days shall be $150 in addition to the regular
				current biennial renewal fee.
(c)
				Reinstatement of license for disciplinary action shall be $400, in addition to
				the regular current biennial renewal fee.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-19 - TALENT AGENCIES › Section 61-19.006 - Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1) Biennial renewal of all licenses for
				talent agencies shall be renewed by May 31 of each even numbered year on the
				form prescribed and upon payment of the fee specified in rule
				61-19.005, F.A.C., and
				submission proof of renewal of a $5, 000 surety bond for the total 2-year
				period to be placed on file with the Department. The Department shall notify
				all licensees of the expiration of such licenses no less than sixty (60) days
				prior to the renewal period.
(2)
				Any license not renewed by the expiration date automatically terminates the
				licensee's right to continue to engage in the business for which the license
				was issued. The expired license may be reinstated upon payment of a late
				renewal penalty fee as specified in rule
				61-19.005, F.A.C., if paid
				within 45 days of the expiration date of the license. If a license renewal is
				delinquent more than 45 days, the license may be reinstated only by procedures
				as specified in rule 61-19.007,
				F.A.C.
Rulemaking Authority
					 455.2035,
					 468.402(3) FS.
					 Law Implemented 468.404(1),
					 468.408
					 FS.
New 7-27-87, Amended 7-6-88, Formerly 21-19.006, Amended
					 8-9-18.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-19 - TALENT AGENCIES › Section 61-19.007 - Reinstatement

Current through Reg. 50, No. 138; July 16, 2024
A license suspended for failure to renew, or suspended or
				  revoked by virtue of disciplinary action by the Department may be reinstated
				  upon application to the Department, which application shall include:
(1) All information required for initial
				licensure as specified in rule
				61-19.003, F.A.C., insofar as
				such information differs from the initial application.
(2) A complete statement of the factual
				circumstances leading to the suspension or revocation and the showing that such
				circumstances will not recur.
(3)
				Payment of the current biennial renewal fee and the additional reinstatement
				fee as specified in rule
				61-19.005,
				F.A.C.
Rulemaking Authority
					 468.402(3) FS.
					 Law Implemented 455.203(10),
					 455.213(1),
					 (2),
					 468.402,
					 468.403,
					 468.404(1),
					 468.405(1)
					 FS.
New 7-27-87, Formerly
					 21-19.007.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-19 - TALENT AGENCIES › Section 61-19.008 - Temporary Operation Upon Absence of Licensed Individuals

Current through Reg. 50, No. 138; July 16, 2024
(1) In the event that persons upon whose
				qualifications the license was issued cease to be associated with the talent
				agency, the agency shall immediately notify the Department that such person is
				no longer connected with the agency and shall notify the Department of the
				agency's intention to either cease business as a talent agency or seek approval
				of a new owner or operator.
(2) In
				the event the agency elects to cease doing business as a talent agency, the
				agency shall immediately cease entering into new contracts and give written
				notice to all artists with whom it has present contracts of its intent to cease
				business. For a period of not more than 90 days it may continue to administer
				existing contracts and shall assist artists under contract in transferring to a
				new agency.
(3) In the event the
				agency elects to qualify a new operator, the Department may issue a temporary
				license for a period not to exceed 90 days authorizing the agency to continue
				doing business as a talent agency until the new operator is qualified and a
				permanent license issued.
Rulemaking Authority
					 468.402(3) FS.
					 Law Implemented 468.404(2),
					 468.404(3)
					 FS.
New 7-27-87, Formerly
					 21-19.008.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-19 - TALENT AGENCIES › Section 61-19.009 - Fines

Current through Reg. 50, No. 138; July 16, 2024
Upon proof of violation of the term of part VII, chapter 468,
				  F.S., the Department may impose fines, civil penalties and license suspension
				  or revocation. The following monetary fines are adopted but are not exclusive
				  of any other remedy authorized to be sought by the Department:
(1) Failure to display license - up to
				$50;
(2) Any other violation of
				part VII, chapter 468, F.S. - a civil penalty in an amount not to exceed the
				biennial license fee up to $400.
(3) Minor Violations, Notice of
				Noncompliance.
(a) As an alternative to the
				provisions of sections
				455.225(1) and
				(2), F.S., the Department may provide a
				licensee with a notice of non-compliance for an initial offense of a minor
				violation.
(b) Minor violations
				that do not endanger the public health, safety and welfare, and which do not
				demonstrate a serious inability to practice the profession are:
1. Failure to file with the Department an
				amended or supplemental schedule of maximum fees, if changes in such occur,
				pursuant to section 468.406(1),
				F.S., provided the licensee notifies the Department of such changes no later
				than five (5) days before said changes are to become effective, noticed
				verbally first if necessary and followed up with written correspondence
				immediately thereafter.
2. Failure
				to conspicuously post the talent agency license in a manner as to be open to
				the view of the public, pursuant to section
				468.407(2),
				F.S., provided that the license is posted in the talent agency, but not in the
				most public view, and that the license is conspicuously posted within five (5)
				days of notification by the Department.
3. Failure to conspicuously post a printed
				copy of the statutes and rules governing talent agencies, pursuant to section
				468.412(4),
				F.S., provided that such has previously been posted, but not in an adequately
				conspicuous location, and that such conspicuous posting is accomplished within
				five (5) days of notification by the Department.
4. Failure to include in any type of
				advertisement as defined by section
				468.412(6),
				F.S., or any Department rule, the full street address and city of the talent
				agency, provided such failure is corrected and verified by the Department
				within fifteen (15) days of notification by the
				Department.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-19 - TALENT AGENCIES › Section 61-19.010 - Miscellaneous Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.402(3) FS.
					 Law Implemented 455.203,
					 468.404(1),
					 468.406(2),
					 468.407(1),
					 468.408,
					 468.410(3),
					 468.412(6)
					 FS.
New 7-27-87, Amended 7-6-88, 9-9-91, Formerly 21-19.010,
					 Repealed 9-20-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-19 - TALENT AGENCIES › Section 61-19.011 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) Citations shall be issued pursuant to
				section 455.224, F.S.
(2) Citations shall be issued by the Bureau
				of Investigative Services, and when necessary, after review by the Bureau of
				Legal Services.
(a) The field investigative
				staff shall complete a BPR Uniform Complaint Form (UCF) describing the alleged
				violation, and shall forward the UCF to the Complaint Section for service of
				the citation.
(b) The citation
				shall be served on the Subject by U.S. Mail, certified with return receipt, and
				the Complainant shall be notified by letter that a complaint has been
				opened.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.001 - Licensing Procedure for Manager's License

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) "Charge" or "Charges." These terms refer
				to the official document in any criminal proceeding, whether styled an
				"Information, " "Indictment, " or otherwise, which document specifies the
				charges against the defendant, and which document is filed in any court of
				Florida, another state or country, or the United States government.
(b) "True copy" or "Certified true copy."
				These phrases mean a copy of a court or government agency paper which bears an
				original certification of the clerk or other official of the court or agency to
				the effect that the papers are accurate copies of the court or
				agency.
(c) "Criminal record." An
				applicant's criminal record, for purposes of this rule, includes any
				misdemeanor or felony charge filed against the applicant in the courts of any
				state or federal district or territory, or other country, on any subject matter
				whether related to community association management or not, concerning which
				charge the applicant was found guilty, or pled guilty, or pled no contest,
				regardless of whether or not there was an adjudication by the court, and
				regardless of whether the matter is under appeal by the applicant. The phrase
				includes such charges even where the crime was subsequently pardoned or civil
				rights have been restored. The phrase does not include criminal convictions
				which were finally reversed or vacated on appeal; nor does it include charges
				of which the applicant was found not guilty, or which were finally dismissed;
				nor does it include matters as to which at time of application an order of
				sealing or expunction has been issued by a court of competent
				jurisdiction.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.002 - Inactive Status and Renewal of Manager's License

Current through Reg. 50, No. 138; July 16, 2024
(1) Changing an Active License to an Inactive
				License and Renewal of an Inactive License. A licensee desiring to maintain a
				valid license but who will not be providing community association management
				services for a period of time, may change the status of his/her license to
				inactive status, as provided in Department of Business and Professional
				Regulation rule 61-6.003, F.A.C.
(a) In order to place an active license in an
				inactive status the licensee shall complete Form DBPR CAM 4, Community
				Association Change of Status Application, incorporated by reference in
				subsection 61-35.020(4),
				F.A.C., available on the DBPR website at
http://www.myflorida.com/dbpr/pro/forms/cam/index.shtml
,
				or by written request addressed to the Department of Business and Professional
				Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0771. A change of
				status processing fee shall accompany the application as set forth in rule
				61E14-3.001, F.A.C., unless the
				status change request is made at the end of a renewal period.
(b) All inactive licenses shall expire at the
				end of the renewal period (on September 30 of the next even numbered year).
				Inactive licensees shall be notified by the Department of Business and
				Professional Regulation pursuant to section
				455.273, F.S., and instructed
				how to proceed. Renewals shall be completed on or before September 30 of each
				renewal year. All applicable fees must be paid and compliance with the
				requirements set forth in rule 61-20.208, F.A.C., must be met. The first
				failure to renew on or before September 30 of a renewal year shall result in a
				delinquent status license pursuant to Department of Business and Professional
				Regulation rule 61-6.002, F.A.C. Failure to
				renew a delinquent status license results in a null license pursuant to
				Department of Business and Professional Regulation subsection
				61-6.004(1),
				F.A.C.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.0025 - Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.02(2),
					 468.4315(3) FS.
					 Law Implemented 455.02(2)
					 FS.
New 4-25-05, Repealed
					 10-10-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.003 - Business Entity Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				corporation, association or other organization or entity which engages in, or
				is desirous of engaging in, the business of community association management
				shall be registered under this rule and shall employ only licensed persons in
				the direct provision of community management services. Such entities shall
				register with the department, on Form DBPR CAM 2, Application for Community
				Association Management Firm License, incorporated by reference in subsection
				61-35.020(2),
				F.A.C.
(2) There shall be a fee
				required to register an entity with the department as set forth in Rule
				61E14-3.001, F.A.C. Once an
				entity is registered, no renewal of the registration is required, and the
				registration shall be deemed valid unless suspended or revoked pursuant to
				section 468.436, F.S., or rule
				61E14-2.001, F.A.C.
(3) As officers or licensed personnel or the
				business address change, the department shall be notified on Form DBPR CAM 2,
				Application for Community Association Management Firm License, as incorporated
				by reference in subsection
				61-35.020(2),
				F.A.C., within 60 days of such change.
Rulemaking Authority
					 455.2035 FS. Law Implemented
					 468.432
					 FS.
New 5-5-88, Amended 3-22-89, 2-5-91, Formerly 7D-55.003,
					 61B-55.003, Amended 10-10-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.004 - Unexcused Absences (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.207(3) FS.
					 Law Implemented 455.207(3)
					 FS.
New 6-18-02, Repealed
					 10-10-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.010 - Disciplinary Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Aggravating and
				Mitigating Circumstances. The department shall be entitled to deviate from the
				disciplinary guidelines provided by this rule upon a showing of aggravating or
				mitigating circumstances by clear and convincing evidence presented to the
				department prior to the imposition of a final penalty. The department must make
				a specific finding of mitigating or aggravating guidelines. Based upon
				consideration of the facts present in an individual case, the department shall
				consider the following factors in aggravation and mitigation when deviating
				from the disciplinary guidelines set forth in this rule:
(a) Danger to the public;
(b) Physical or financial harm resulting from
				the violation;
(c) Prior violations
				committed by the subject;
(d)
				Length of time the licensee has practiced;
(e) Deterrent effect of the
				penalty;
(f) Correction or
				attempted correction of the violation;
(g) Effect on the licensee's
				livelihood;
(h) Any efforts toward
				rehabilitation;
(i) Any other
				aggravating or mitigating factor which is directly relevant under the
				circumstances.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.011 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. As used in this rule:
(a) "Citation" means an instrument which
				meets the requirements set forth in Section
				455.224, F.S., and which is
				served upon a subject for the purpose of assessing a penalty in an amount
				established by this rule;
(b)
				"Subject" means the licensee, applicant, person, partnership, corporation, or
				other entity alleged to have committed a violation designated in this
				rule.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.012 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
The following alleged violations may be resolved by
				  mediation:
(1) Paragraph
				61E14-2.001(2)(a),
				F.A.C., Failing to comply with the requirements of the governing documents by
				which the community association is created or operated.
(2) Paragraph
				61E14-2.001(3)(a),
				F.A.C., Withholding possession of the association's official records or
				original books, records, accounts, funds, or other property of a community
				association when requested by the association to deliver the same to the
				association upon reasonable notice.
(3) Paragraph
				61E14-2.001(3)(b),
				F.A.C., Denying or delaying access to association official records to a person
				entitled to such by the law within the timeframe and under the procedures set
				out in section 718.111(12),
				719.104(2), or
				720.303(5),
				F.S.
(4) Paragraph
				61E14-2.001(3)(d),
				F.A.C., Failing to maintain the records for a community association manager or
				management firm or the official records of any applicable association, as
				required by section 718.111(12),
				719.104(2), or
				720.303(4),
				F.S.
(5) Section
				455.227(1)(m),
				F.S., Making deceptive, untrue, or fraudulent misrepresentations in or related
				to the practice of a profession or employing a trick or scheme in or related to
				the practice of a profession.
Rulemaking Authority
					 468.4315(3),
					 455.2235 FS. Law Implemented
					 455.2235
					 FS.
New 9-3-13, Amended
					 10-20-15.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.501 - Definitions and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.433 FS. Law Implemented
					 468.431
					 FS.
New 5-5-88, Amended 3-22-89, 2-5-91, Formerly 7D-55.002,
					 61B-55.002, Repealed 9-17-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.5011 - Prelicensure Education Requirements (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.4315(2),
					 468.433(2)(d)
					 FS. Law Implemented 468.433(2)(d)
					 FS.
New 1-3-01, Transferred to
					 61E14-1.001.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-20 - COMMUNITY ASSOCIATION MANAGEMENT › Section 61-20.502 - Examination for Manager's License (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 468.4315 FS. Law Implemented
					 455.217,
					 468.433
					 FS.
New 5-5-88, Amended 3-22-89, 8-17-89, 12-28-92, Formerly
					 7D-55.005, Amended 11-23-93, 10-9-94, Formerly 61B-55.005, Amended 5-4-97,
					 7-30-97, Transferred to
					 61E14-1.002.