SB27-SSA1,1314,1212
2. Advertised in a manner that is false or misleading.
SB27-SSA1,1314,1413
3. In the course of acting as a bail bond surety corporation or agent, made a
14substantial misrepresentation that was relied upon by another person.
SB27-SSA1,1314,1515
4. Obtained or attempted to obtain compensation through fraud or deceit.
SB27-SSA1,1314,1816
5. Violated any law of this state or federal law that substantially relates to
17acting as a surety for others or acting as a bail bond surety corporation or agent,
18violated this subchapter, or violated any rule promulgated under this subchapter.
SB27-SSA1,1314,1919
6. Engaged in unprofessional conduct.
SB27-SSA1,1314,2220
(b) In addition to or in lieu of a reprimand or other action under par. (a), the
21department may by rule establish other penalties, including forfeiture, for
22violations under par. (a).
SB27-SSA1,1314,2424
452.01
(1s) "Board" means real estate
examining board.
SB27-SSA1,1315,2
1452.025
(1) (a) A person desiring to act as a time-share salesperson shall
2submit to the
department board an application for a certificate of registration.
SB27-SSA1, s. 2063
3Section
2063. 452.025 (1) (b) (intro.) of the statutes is amended to read:
SB27-SSA1,1315,64
452.025
(1) (b) The application for registration as a time-share salesperson
5shall be in the form prescribed by the
department
board and shall include all of the
6following:
SB27-SSA1,1315,118
452.025
(1) (b) 4. Any other information
which that the
department board 9reasonably requires to enable it to determine the competency of the person to
10transact business as a time-share salesperson in a manner
which that safeguards
11the interests of the public.
SB27-SSA1, s. 2065
12Section
2065. 452.025 (3) (b) 2. (intro.) of the statutes is amended to read:
SB27-SSA1,1315,1613
452.025
(3) (b) 2. A time-share salesperson registered under this section may
14complete a form purchase agreement or offer to purchase, if the form purchase
15agreement or offer to purchase has been approved by the
department board and
16includes only the following:
SB27-SSA1,1315,2118
452.025
(4) A time-share salesperson registered under this section may apply
19at any time to transfer employment to another licensed broker by submitting to the
20department board an application in the form prescribed by the
department board 21and the transfer fee specified in s. 440.05 (7).
SB27-SSA1,1315,2423
452.025
(5) (a) The renewal date for certificates of registration granted by the
24department board under this section is specified under s. 440.08 (2) (a).
SB27-SSA1,1316,7
1452.03 Brokers and salespersons licensed. No person may engage in or
2follow the business or occupation of, or advertise or hold himself or herself out as, or
3act temporarily or otherwise as a broker or salesperson without a license.
Licenses 4shall be granted The board may grant a license only to
persons a person who
are is 5competent to transact such businesses in a manner
which that safeguards the
6interests of the public, and only after satisfactory proof of the person's competence
7has been presented to the
department board.
SB27-SSA1, s. 2070
9Section
2070. 452.05 (title) and (1) (intro.) of the statutes are amended to read:
SB27-SSA1,1316,13
10452.05 (title)
Duties and powers of department board. (1) (intro.) In
11addition to the other duties and responsibilities of the
department board under this
12chapter, the
department board shall
advise the secretary on matters relating to real
13estate practice and shall:
SB27-SSA1,1316,1715
452.05
(1) (b) Approve forms for use in real estate practice.
The board may
16conduct public hearings on matters relating to the approval of forms used in real
17estate practice.
SB27-SSA1,1316,2319
452.05
(1) (c) After consultation with the council on real estate curriculum and
20examinations
and subject to the procedure under s. 452.07, promulgate rules
21establishing criteria for the approval of educational programs and training sessions
22under s. 452.09 (2) and approve such programs and sessions in accordance with the
23established criteria.
SB27-SSA1,1317,5
1452.05
(1) (d) After consultation with the council on real estate curriculum and
2examinations,
the board, brokers and salespersons licensed under this chapter
, and
3interested members of the public, establish criteria for the approval of continuing
4educational programs and courses in real estate related subjects required for
5renewal under s. 452.12 (5) (c)
1.
SB27-SSA1,1317,138
452.05
(1) (g) Approve continuing educational programs and courses in
9accordance with the criteria established under par. (d). In order to be approved, a
10continuing educational program or course must require brokers and salespersons to
11pass an examination on the information presented at the program or course in order
12to successfully complete and receive continuing education credit for the program or
13course under s. 452.12 (5) (c)
1.
SB27-SSA1,1317,1815
452.05
(1m) (b) In preparing the form for the offer to purchase commercial real
16property under sub. (1) (b), the
department board shall include a statement that the
17seller represents to the buyer that the seller has no notice or knowledge that the
18commercial real property is a historic building.
SB27-SSA1,1317,2120
452.05
(2) The
department board may prepare letters and bulletins and
21conduct clinics disseminating information to its licensees.
SB27-SSA1,1318,223
452.05
(3) The
department board may
, after consultation with the board, enter
24into reciprocal agreements with officials of other states or territories of the United
25States for licensing brokers and salespersons and grant licenses to applicants who
1are licensed as brokers or salespersons in those states or territories according to the
2terms of the reciprocal agreements.
SB27-SSA1,1318,84
452.06
(1) The
secretary board shall create
a council one or more councils on
5forms
under s. 15.04 (1) (c) which shall meet on a regular basis, be chaired by a
6member of the board
, and report to the board
and the secretary. Any proposed change
7in a form relating to real estate practice shall be referred to the
appropriate council
8on forms for review before the form is approved.
SB27-SSA1,1318,1210
452.06
(2) (a) Advise the
secretary on the promulgation of rules under s. 452.05
11(1) (c) and board on establishing continuing education requirements under s. 452.05
12(1) (d).
SB27-SSA1,1318,1714
452.06
(2) (b)
Periodically, but not
Not less than annually, review subjects
15covered on examinations for licensure under this chapter and the qualifications for
16instructors of and performance evaluations for educational and continuing
17educational programs, training sessions
, and courses approved under this chapter.
SB27-SSA1,1318,2319
452.06
(3) If the secretary creates any councils or committees under s. 15.04
20(1) (c) to provide advice to the department or board on matters relating to real estate
21practice
other than the council under sub. (1), such councils or committees shall be
22chaired by a member of the board, if available, and shall report to the board and the
23secretary.
SB27-SSA1,1318,25
25452.07 (title)
Rules; review of rules.
SB27-SSA1,1319,32
452.07
(1) The
department board shall promulgate rules for the guidance of the
3real estate profession and define professional conduct and unethical practice.
SB27-SSA1,1319,65
452.07
(1m) The
department board shall promulgate rules that specify the
6supervisory duties of brokers under s. 452.12 (3).
SB27-SSA1,1319,129
452.09
(1) Form of application. (intro.) Any person desiring to act as a broker
10or salesperson shall submit to the
department board an application for a license. The
11application shall be in such form as the
department
board prescribes and shall
12include the following:
SB27-SSA1,1319,1814
452.09
(1) (e) Any other information
which that the
department board may
15reasonably require to enable it to determine the competency of each applicant,
16including each business representative of the business entity, to transact the
17business of a broker or salesperson in a manner
which
that safeguards the interests
18of the public.
SB27-SSA1,1320,220
452.09
(2) (a) Except as provided in a reciprocal agreement under s. 452.05 (3),
21each applicant for a salesperson's license shall submit to the
department board 22evidence satisfactory to the
department board of successful completion of
23educational programs approved for this purpose under s. 452.05 (1) (c). The
24department board may waive the requirement under this paragraph upon proof that
1the applicant has received 10 academic credits in real estate or real estate related
2law courses from an accredited institution of higher education.
SB27-SSA1,1320,84
452.09
(2) (c) 2. Submit to the
department board evidence satisfactory to the
5department board of successful completion of educational programs in business
6management approved for this purpose under s. 452.05 (1) (c). No educational
7programs applied to satisfy the requirement under subd. 1. may be applied to satisfy
8the requirement under this subdivision.
SB27-SSA1,1320,1310
452.09
(2) (d) The
department board may waive the requirements under par.
11(c) upon proof that the applicant has received 20 academic credits in real estate or
12real estate related law courses from an accredited institution of higher education or
13that the applicant is licensed to practice law in this state.
SB27-SSA1,1320,2415
452.09
(3) (a) In determining competency, the
department board shall require
16proof that the applicant for a broker's or salesperson's license has a fair knowledge
17of the English language
,; a fair understanding of the general purposes and general
18legal effect of deeds, mortgages, land contracts of sale, leases, bills of sale, chattel
19mortgages,
and conditional sales contracts
,; and a general and fair understanding
20of the obligations between principal and agent, as well as of this chapter.
An The
21board shall deny a license to an applicant receiving a failing grade, as established by
22rules of the
department board, on any examination given under this section
shall be
23denied a license, but any applicant may review his or her examination results in a
24manner established by rules of the
department board.
SB27-SSA1,1321,3
1452.09
(3) (b) The
department board shall determine competency under par.
2(a) by means of only an oral examination for any applicant who is unable to write
3because of a physical handicap.
SB27-SSA1,1321,85
452.09
(3) (d) Except as provided in a reciprocal agreement under s. 452.05 (3),
6the
department board may not grant a broker's license to an applicant who does not
7hold a salesperson's license unless the applicant passes the salesperson's
8examination and the broker's examination.
SB27-SSA1,1321,1910
452.09
(5) Apprenticeships. Any person who is a resident of this state and 18
11years of age or over may, upon application filed in accordance with sub. (1), be
12indentured to a licensed resident broker in accordance with rules promulgated by the
13department board. These rules shall be promulgated so as to protect the public and
14may limit the real estate sales and brokerage activity of the apprentice. The
15department board may require
an apprentice to take a preliminary examination
16covering general knowledge and
may prescribe the character and extent of his or her
17work during apprenticeship. The
department board may issue a temporary
18salesperson's permit to the individual for a period not to exceed one year upon
19payment of the fee under s. 440.05 (6). The temporary permit is not renewable.
SB27-SSA1,1321,2221
452.10
(2) (b) Unless an application is withdrawn in writing before the
22department board has made any investigation, no part of the fee shall be returned.
SB27-SSA1,1322,3
1452.10
(4) (a) Any licensed salesperson or broker may transfer to the
2employment of a licensed broker by first paying the transfer fee specified in s. 440.05
3(7) and filing a transfer form with the
department
board.
SB27-SSA1,1322,75
452.10
(6) In the case of applications for renewals of licenses the
department 6board may dispense with such matters contained in s. 452.09 (1) as it deems
7unnecessary in view of prior applications.
SB27-SSA1,1322,189
452.11
(3) Every nonresident applicant, and every resident licensee who
10becomes a nonresident, shall file with the
department
board an irrevocable consent
11that actions may be commenced against the applicant or licensee in the proper court
12of any county of the state in which a cause of action arises or in which the plaintiff
13resides, by the service of any process or pleading authorized by the laws of this state
14on the
department board or any duly authorized employee. The consent shall
15stipulate and agree that such service is valid and binding as due service upon the
16applicant or licensee in all courts in this state. The consent shall be duly
17acknowledged and, if made by a corporation, shall be authenticated by the corporate
18seal.
SB27-SSA1,1323,520
452.11
(4) Any process or pleading under this section shall be served in
21duplicate upon the
department board or its duly authorized employee. One copy
22shall be filed with the
department board and the other immediately forwarded by
23certified mail to the nonresident licensee against whom the process or pleading is
24directed at the last address provided to the
department board by the nonresident
25licensee. No default in any such proceeding or action may be taken unless it appears
1by affidavit of the
secretary chairperson of the board or any duly authorized
2employee that a copy of the process or pleading was mailed to the nonresident
3licensee as required in this subsection. No judgment by default may be taken in any
4action or proceeding within 20 days after the date of mailing the process or pleading
5to the nonresident licensee.
SB27-SSA1,1323,97
452.12
(1) Expiration. A license granted by the
department board entitles the
8holder to act as a broker or salesperson, as the case may be, until the applicable
9renewal date specified under s. 440.08 (2) (a).
SB27-SSA1,1323,1611
452.12
(2) (c) Application for a business entity license shall be made on forms
12prescribed by the
department board, listing the names and addresses of all business
13representatives, and shall be accompanied by the initial credential fee determined
14by the department under s. 440.03 (9) (a). If there is a change in any of the business
15representatives, the change shall be reported to the
department board, on the same
16form, within 30 days after the effective date of the change.
SB27-SSA1,1323,2318
452.12
(4) Register of brokers and salespersons. The department shall
19maintain the register required by s. 440.035 (4). The
board shall include in the
20register the board maintains under s. 440.035 (4) the names of all brokers and
21salespersons whose licenses
have been were revoked
at any time within
the past 2
22years
prior to the issuance thereof shall be included in the register. The register shall
23be available for purchase at cost.