Amendment AA3-AB923

LRBa3746/1

JEO:skg&kaf:jlb

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 3, To 1995 ASSEMBLY BILL 923

March 12, 1996 - Offered by Committee on Insurance, Securities and Corporate Policy.

AB923-AA3,1,1 At the locations indicated, amend the bill as follows:

AB923-AA3,1,3 1. Page 21, line 24: delete the material beginning with that line and ending with page 25, line 2, and substitute:

AB923-AA3,1,4 " Section 66b. 452.01 (3j) of the statutes is created to read:

AB923-AA3,1,9 452.01 (3j) "Business entity" means any organization or enterprise, other than a sole proprietorship, which is operated for profit or that is nonprofit and nongovernmental, including an association, business trust, corporation, joint venture, limited liability company, limited liability partnership, partnership or syndicate.

AB923-AA3, s. 66e Section 66e. 452.01 (3k) of the statutes is created to read:

AB923-AA3,1,12 452.01 (3k) "Business representative" means a director, manager, member, officer, owner or partner of a business entity.

AB923-AA3, s. 66f Section 66f. 452.09 (1) (b) of the statutes is amended to read:

AB923-AA3,2,2 452.09 (1) (b) The name and address of the applicant; if the applicant is a partnership business entity, the name and address of each member; and if the applicant is a corporation, the name and address of each of its officers business representative.

AB923-AA3, s. 66h Section 66h. 452.09 (1) (d) of the statutes is amended to read:

AB923-AA3,2,7 452.09 (1) (d) The business or occupation engaged in by the applicant, or if a partnership business entity, by each member, or if a corporation, by each officer business representative, for a period of at least 2 years immediately preceding the date of the application.

AB923-AA3, s. 66k Section 66k. 452.09 (1) (e) of the statutes is amended to read:

AB923-AA3,2,13 452.09 (1) (e) Any other information which the department may reasonably require to enable it to determine the competency of each applicant, including each member business representative of the partnership, or each officer of the corporation business entity, to transact the business of a broker or salesperson in a manner which safeguards the interests of the public.

AB923-AA3, s. 66L Section 66L. 452.10 (1) of the statutes is amended to read:

AB923-AA3,2,18 452.10 (1) An application shall be verified by the applicant. If made by a partnership business entity it shall be verified by at least 2 members. If made by a corporation it shall be verified by the president and secretary a business representative.

AB923-AA3, s. 66m Section 66m. 452.12 (2) (a) of the statutes is amended to read:

AB923-AA3,2,24 452.12 (2) (a) A license may be issued to a corporation business entity if the corporation business entity has at least one officer business representative licensed as a broker. The license issued to the corporation business entity entitles each officer business representative of the corporation business entity who is a licensed broker to act as a broker on behalf of the corporation business entity.

AB923-AA3, s. 66p Section 66p. 452.12 (2) (b) of the statutes is repealed.

AB923-AA3, s. 66q Section 66q. 452.12 (2) (c) of the statutes is amended to read:

AB923-AA3,3,7 452.12 (2) (c) Application for a corporate or partnership business entity license shall be made on forms prescribed by the department, listing the names and addresses of all officers and partners business representatives, and shall be accompanied by the fee specified in s. 440.05 (1). If there is a change in any of the officers or partners business representatives, the change shall be reported to the department, on the same form, within 30 days after the effective date of the change.

AB923-AA3, s. 66r Section 66r. 452.133 (3) (b) of the statutes is amended to read:

AB923-AA3,3,12 452.133 (3) (b) Act in a transaction on the broker's own behalf, on behalf of the broker's immediate family or firm, or on behalf of any organization or business entity in which the broker has an interest, unless the broker has the written consent of all parties to the transaction.

AB923-AA3, s. 66t Section 66t. 452.14 (4) of the statutes is amended to read:

AB923-AA3,3,20 452.14 (4) If a broker is a company business entity it shall be sufficient cause for reprimand or for the limitation, suspension or revocation of a broker's license that any officer, director or trustee business representative of the company, or any member of a partnership business entity, or anyone who has a financial interest in or is in any way connected with the operation of a brokerage business, has been guilty of any act or omission which would be cause for refusing a broker's license to such person as an individual.

AB923-AA3, s. 66y Section 66y. 452.22 (2) of the statutes is amended to read:

AB923-AA3,4,4 452.22 (2) The certificate of the secretary or his or her designee to the effect that a specified individual, partnership or corporation business entity is not or was not on a specified date the holder of a broker's, salesperson's or time-share salesperson's license or registration, or that a specified license or registration was not in effect on a date specified, or as to the issuance, limitation, suspension or revocation of any license or registration or the reprimand of any holder thereof, the filing or withdrawal of any application or its existence or nonexistence, is prima facie evidence of the facts therein stated for all purposes in any action or proceedings.".

AB923-AA3,4,5 (End)