288,13
Section
13. 452.14 (3) (intro.) of the statutes is amended to read:
452.14 (3) (intro.) Disciplinary proceedings shall be conducted by the board according to rules adopted under s. 440.03 (1). The board may revoke, suspend or limit any broker's, salesperson's, or time-share salesperson's license or registration, or reprimand the holder of the license or registration, if it finds that the holder of the license or registration has:
288,14
Section
14. 452.14 (3) (o) of the statutes is created to read:
452.14 (3) (o) Violated s. 452.25 (2) (a) or failed to pay any forfeiture assessed by the board under sub. (4r) for such a violation.
288,14m
Section 14m. 452.14 (3) (p) of the statutes is created to read:
452.14 (3) (p) Been convicted of a felony that is a bar to licensure or registration under s. 452.25 (1) (a).
288,16
Section
16. 452.14 (4r) of the statutes is created to read:
452.14 (4r) The board may assess against an individual who is licensed or registered under this chapter a forfeiture of $1,000 for a violation under s. 452.25 (2) (a).
288,17
Section
17. 452.15 of the statutes is renumbered 452.15 (1) and amended to read:
452.15 (1) No Except as otherwise provided in sub. (2), no license or certificate of registration may be issued under this chapter to any person whose license or certificate under this chapter has been revoked until the expiration of a period determined in each case by the board or, in the case of revocation under s. 452.17 (4) (a) 2., a period determined in each case by the board of not less than 5 years from the date the revocation became finally effective.
288,18
Section
18. 452.15 (2) of the statutes is created to read:
452.15 (2) Issuance of a license or certificate of registration to an individual whose license or certificate is revoked under s. 452.14 (3) (p) is subject to the provisions in s. 452.25 (1).
288,19
Section
19. 452.25 of the statutes is created to read:
452.25 Criminal convictions and disclosures. (1) Felony convictions. (a) Notwithstanding ss. 111.321, 111.322, and 111.335, and except as provided in pars. (b) to (e), no applicant who is an individual may be issued a broker's or salesperson's license or a time-share salesperson's certificate of registration if the applicant has been convicted of a felony.
(b) If an applicant has been convicted of a felony described under par. (a); the applicant has completed the confinement portion of his or her sentence, if the applicant is serving a bifurcated sentence, or has been released from prison to parole or released upon the completion of his or her sentence; and 3 years have elapsed since the date on which the confinement portion was completed or the applicant was released, the applicant may apply to the board for a determination as to whether the applicant is suitable to be granted a license or certificate.
(c) If an applicant applies for a determination under par. (b), the board may require the applicant to provide any information that is necessary for the investigation and shall make a determination by doing all of the following:
1. Reviewing any information relating to the felony.
2. Reviewing any supplemental information provided by the applicant bearing upon his or her suitability for licensure as a broker or salesperson or for registration as a time-share salesperson.
3. Considering all of the following factors:
a. The severity and nature of the felony.
b. The amount of time that has elapsed.
c. The number or pattern of felonies or other similar incidents that gave rise to the felony conviction.
d. The circumstances surrounding the felony that may have a bearing on whether the applicant might repeat the behavior that was the subject of the felony.
e. The relationship of the felony to real estate practice.
f. The applicant's activities since the felony, including employment, education, participation in treatment, payment of restitution, and any other factor that may be evidence of rehabilitation.
(d) With respect to a determination under par. (c), the applicant bears the burden of demonstrating his or her suitability for licensure or registration.
(e) If the board makes a determination under par. (c) to allow an applicant to be granted a broker's or salesperson's license or a time-share salesperson's certificate of registration, the applicant shall be granted the license or certificate if the applicant satisfies all other requirements for granting the license or certificate of registration.
(2) False affirmations. (a) No person may intentionally submit any false information on a form created by the board under s. 452.05 (1) (h) or (i).
(b) No applicant may be issued an initial broker's or salesperson's license or time-share salesperson's certificate of registration, and no applicant may renew such a license or certificate, if the applicant has violated par. (a) and failed to pay any forfeiture assessed by the board under s. 452.14 (4r) for that violation.
288,20
Section
20.
Initial applicability.
(1)
Felony disqualification.
(a) Initial licenses and certificates. The treatment of section 452.25 (1) (with respect to applications for an initial license or registration) of the statutes first applies to an initial license or registration under chapter 452 of the statutes that is issued on the effective date of this paragraph.
(b)
License and certificate renewals. The treatment of section 452.25 (1) of the statutes first applies to an applicant who renews a license or registration under chapter 452 of the statutes on the effective date of this paragraph.
(2)
Criminal conviction disclosure form. The treatment of sections 452.025 (5) (b), 452.05 (1) (i), and 452.12 (5) (d) of the statutes first applies to an applicant who renews a license or registration under chapter 452 of the statutes on the effective date of this subsection.
(3) License and certificate revocations. The treatment of section 452.14 (3) (p) of the statutes first applies to a judgment of conviction entered on the effective date of this subsection.
