Florida Regulations 61J2-2.027: Applications by Individuals
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The application of a natural person for active licensure, whether the applicant expects to operate alone, or as a partner, or with a corporation, or as a sales associate, is governed by substantially the same rules and forms.
(1) The applicant must meet necessary personal qualifications as follows:
(a) Is 18 years of age or older.
(b) If the application is for broker:
1. Has been registered as an active sales associate for at least 24 months during the preceding 5 years under one or more brokers;
2. Has held a current and valid real estate sales associate’s license for at least 24 months during the preceding 5 years in the employ of a governmental agency for a salary and performing the duties authorized in Florida Statutes Chapter 475; or
3. Has held a current and valid real estate broker’s license for at least 24 months during the preceding 5 years in any other state, territory, or jurisdiction of the United States, or in any foreign national jurisdiction.
(c) Hold a high school diploma or its equivalent.
(2) The applicant must make it possible to immediately begin the inquiry as to whether the applicant is honest, truthful, trustworthy, of good character, and bears a good reputation for fair dealings, and will likely make transactions and conduct negotiations with safety to investors and to those with whom the applicant may undertake a relation of trust and confidence. The applicant is required to disclose:
(a) Whether the applicant has ever been convicted or found quilty of, or entered a guilty plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction or if applicant is currently under criminal investigation;
(b) Whether the applicant has ever done business under any other name, or alias, than the name signed on the application, with sufficient information to enable the Commission to investigate the circumstances;
(c) Whether the applicant has had any license, registration or permit to practice any requested profession, occupation, vocation or business revoked, annulled, suspended, relinquished, surrendered or otherwise disciplined in Florida or in any other jurisdiction or if any such proceeding or investigation is now pending; and
(d) Whether the applicant has had an application for a real estate license denied in Florida or in any other jurisdiction or if there is a pending proceeding to deny such application.
(3) Each applicant must submit digital fingerprint data for processing to determine if the applicant has a criminal history record.
(4) All applicants for permits to instruct or be a permitholder for a real estate school must comply with Section 475.451(2)(a), F.S.
Rulemaking Authority 475.05 FS. Law Implemented 475.17, 475.175, 475.451 FS. History-New 1-1-80, Formerly 21V-2.27, Amended 4-10-88, 5-20-90, 1-13-91, 7-15-92, 7-20-93, Formerly 21V-2.027, Amended 11-10-97, 1-18-00, 11-26-03, 1-16-13, 12-22-20.
Terms Used In Florida Regulations 61J2-2.027
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(a) Is 18 years of age or older.
(b) If the application is for broker:
1. Has been registered as an active sales associate for at least 24 months during the preceding 5 years under one or more brokers;
2. Has held a current and valid real estate sales associate’s license for at least 24 months during the preceding 5 years in the employ of a governmental agency for a salary and performing the duties authorized in Florida Statutes Chapter 475; or
3. Has held a current and valid real estate broker’s license for at least 24 months during the preceding 5 years in any other state, territory, or jurisdiction of the United States, or in any foreign national jurisdiction.
(c) Hold a high school diploma or its equivalent.
(2) The applicant must make it possible to immediately begin the inquiry as to whether the applicant is honest, truthful, trustworthy, of good character, and bears a good reputation for fair dealings, and will likely make transactions and conduct negotiations with safety to investors and to those with whom the applicant may undertake a relation of trust and confidence. The applicant is required to disclose:
(a) Whether the applicant has ever been convicted or found quilty of, or entered a guilty plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction or if applicant is currently under criminal investigation;
(b) Whether the applicant has ever done business under any other name, or alias, than the name signed on the application, with sufficient information to enable the Commission to investigate the circumstances;
(c) Whether the applicant has had any license, registration or permit to practice any requested profession, occupation, vocation or business revoked, annulled, suspended, relinquished, surrendered or otherwise disciplined in Florida or in any other jurisdiction or if any such proceeding or investigation is now pending; and
(d) Whether the applicant has had an application for a real estate license denied in Florida or in any other jurisdiction or if there is a pending proceeding to deny such application.
(3) Each applicant must submit digital fingerprint data for processing to determine if the applicant has a criminal history record.
(4) All applicants for permits to instruct or be a permitholder for a real estate school must comply with Section 475.451(2)(a), F.S.
Rulemaking Authority 475.05 FS. Law Implemented 475.17, 475.175, 475.451 FS. History-New 1-1-80, Formerly 21V-2.27, Amended 4-10-88, 5-20-90, 1-13-91, 7-15-92, 7-20-93, Formerly 21V-2.027, Amended 11-10-97, 1-18-00, 11-26-03, 1-16-13, 12-22-20.