Archive for March, 2010

Mortgage Broker’s License in Florida

Tuesday, March 30th, 2010

The Florida Department of Banking and Finance,located in Tallahassee, Florida, handles all aspects of the mortgage license in Florida. They provide detailed information.

The complete Florida Mortgage Law can be read at: http://www.flofr.com/licensing/

To have a Mortgage Broker career in Florida you must be at least 18 years of age and pass a written examination that reflects a strong knowledge of the Florida Mortgage Brokerage and Lending Act, the Florida Fair Lending Act, the Patriot Act, all federal lending and housing regulations, complete knowledge of FHA/VA and Conventional mortgages, Fannie Mae underwriting guidelines and closing procedures, basic real estate knowledge such as surveys and deeds, plus mathematical calculations pertaining to financing.

Before taking the mortgage exam the Florida statutes requires you to take 24 hours of classroom instruction at a qualified Mortgage Business School that meets minimum accreditation requirements. In order to pass the examination, additional study time is highly recommended. After obtaining a license, the Mortgage Broker must take an additional 14 hours of continuing education classes during the next two years.

All applicants for the Mortgage Broker License must provide full legally-provided fingerprints for submission to either the Federal Bureau of Investigation or the Florida Department of Law Enforcement. Any actions pending that involve dishonest dealing, fraud, or acts of moral turpitude will be grounds for denial of the mortgage broker’s license.

The nonrefundable application fee of $200 also covers the examination. However, if the applicant needs to retake the examination, an additional fee is charged.

The Florida Association of Mortgage Brokers, an affiliate of the National Association of Mortgage Brokers (NAMB), provides meaningful information for consumers on its website, including videos of the mortgage process, important regulatory information, and down-payment assistance. The NAMB is an important connection to have as you become a Mortgage Broker in Florida.

To make an appointment to speak with an experienced and qualified attorney about your mortgage broker’s license please call Soreide Law Group at:  (888) 760-6552 or visit our website at:  www.floridaprofessionallicense.com .

Florida Dental Examinations

Tuesday, March 30th, 2010

An applicant shall be entitled to take the examination to practice dentistry in Florida if he/she:

  • Is 18 years of age or older;
  • Is a graduate of a dental school accredited by the Commission on Accreditation of the American Dental Association or its successor agency, if any, or any other nationally recognized accrediting agency; or is a dental student in the final year of a program at such an accredited school who has completed all the coursework necessary to prepare the student to perform the clinical and diagnostic procedures required to pass the examinations. With respect to a dental student in the final year of a program at a dental school, a passing score on the examinations is valid for 180 days after the date the examinations were completed. A dental school student who takes the licensure examinations during the student’s final year of an approved dental school must have graduated before being certified for licensure pursuant to s. 466.011, F.S.;
  • Has successfully completed the American Dental Association National Board of Dental Examiners dental examination, Parts I and II, within 10 years of the date of application.  If scores are older than ten years, must retake clinical examination (Part II).

If an applicant is a graduate of a dental college or school not accredited by the Commission on Accreditation of American Dental Association or of a dental college or school not approved by the board, he shall not be entitled to take the examination required until he/she meets the additional requirements.

Always check with the Florida Board of Dentistry for new requirements and updates to their licensing requirements.

Soreide Law Group represents those seeking admittance to the Florida Board of Dentistry. We also represent those dentists brought in front of the Florida Board of Dentistry for disciplinary hearings.  To speak to a lawyer regarding these issues please call: (888) 760-6552, or visit our website at: www.floridaprofessionallicense.com.

Florida Insurance Commissioner Orders Several Companies and Individuals to Cease And Desist the Unauthorized Sale of Health Insurance Products

Monday, March 29th, 2010
TALLAHASSEE, Fla. - Florida Insurance Commissioner Kevin McCarty announced recently that the Florida Office of Insurance Regulation (Office) has issued an order to a dozen entities, including the following companies and their officers, for the unauthorized sale of health insurance products to approximately 2,500 Floridians. The order notified the companies and their officers that the Office will issue a Final Order to Cease and Desist from engaging in the unauthorized transaction of insurance in Florida. These entities include:
 
Beema-Pakistan Company, LTD., Serve America Assurance, LTD., William Worthy II, Real Benefits Association, David L. Clark, Affinity Group Benefits Association, Inc. , American Trade Association, Inc., Smart Data Solutions, L.L.C., SDS Management Group, Bart Posey, Richard Bachman, and Obed Kirkpatrick.
 
The Office had initiated an investigation after receiving numerous complaints about “fax blasts” or unsolicited faxes; these faxes advertised inexpensive health insurance coverage. According to some Florida residents who received these faxes and responded, the policies issued were not for major medical insurance as represented. Instead, the policies were for unauthorized limited benefit plans.
 
“This order today should send a message to those considering the unauthorized marketing of health insurance products in our state,” remarked Commissioner McCarty. “The Office will vigorously prosecute anyone perpetrating fraud on Florida consumers and violating Florida’s insurance laws.””
 
The companies and individuals had 21 days to challenge the Office’s action.
 
Under Florida law a person or entity may not transact, administer, or market insurance products either in the State of Florida or from the State of Florida unless it is authorized to do so under a license issued by the Office.

Soreide Law Group will represent you in front of the Florida Office of Insurance Regulation.  To speak to a lawyer regarding licensing issues please call: (888) 760-6552, or visit our website at: www.floridaprofessionallicense.com.

Board of Architecture and Interior Design receives an Opinion from Judge Hinkle for Locke v. Shore

Thursday, March 25th, 2010

Federal District Judge Robert L. Hinkle has entered an order, Opinion on the Merits, in the case of Locke v. Shore in the United States District Court for the Northern District of Florida. Under this ruling it states that a person must be a registered interior designer to provide commercial interior design services in the State of Florida. However, any person may use the title “interior designer” regardless of whether or not they hold a Florida license. A person may provide residential interior design services and may advertise herself/himself as an “interior designer” without a license. This ruling does not change the statutes in Chapter 481 but does impact how the Board enforces the statutes.

Soreide Law Group will represent you in a dispute with the Board of Architecture and Interior Design. To speak to a lawyer call: (888-760-6552) or visit our website at www.floridaprofessionallicense.com.

Becoming A Real Estate Agent In Florida

Thursday, March 25th, 2010

A seven member Florida Real Estate Commission (FREC) functions under The Florida State Department of Business and Professional Regulation (DBPR), Division of Real Estate.   The commission is made up of five real estate licensees that have each been licensees for at least five years, and two persons that have never been licensees.

The Florida Real Estate Commission administers and enforces the real estate laws of the state that affect all aspects of a Florida real estate license.

These are some of the requirements to become a real estate agent in Florida which include being at least 18 years of age and having a high school diploma or its equivalent. Arrest and police history needs to be provided, plus fingerprints that are no older than 60 days. Upon meeting the Florida real estate education requirements, an applicant may apply for and take the states real estate exams.

The applicant for a real estate sales associate license in Florida is required to complete 63 classroom-hours covering all required Florida real estate courses. Each course is valid for a two year period. Those who have a permanent physical disability may qualify for correspondence pre-licensing if unable to attend classroom courses. The holder of a sales associate license also needs to fulfill a post-licensing education requirement.

The applicant for the sales associate license must pass the Florida real estate exam for sales associates with a grade of at least 75. After passing the exam the applicant needs to submit DBPR RE-10 to activate the license.  
The applicant for a real estate broker license in Florida must already hold an active sales associate license and have actively completed at least 12 months of real estate experience during the 5 year period preceding his application. It is possible for this experience to be in a different state. The applicant for a broker license must also complete 72 classroom hours of specific Florida real estate courses. Each course is valid for two years. Those who are disabled may qualify for a correspondence pre-licensing course.

Applicants need to pass the Florida real estate exams with a grade of at least 75. After passing the exam the applicant needs to submit DBPR RE-10 in order to activate their license. Once licensed, 60 classroom hours of specific Florida real estate courses are required before the expiration of the initial broker license. 

Soreide Law Group will represent you in front of the Florida Real Estate Commission regarding licensing issues.  To speak to an attorney, please call: (888)760-6552 or visit our website at: ww.floridaprofessionallicense.com.

Will participation in the Intervention Project for Nurses (IPN) protect my nursing license from discipline by the Florida Board of Nursing?

Thursday, March 25th, 2010

Being unable to practice nursing safely due to use of drugs, alcohol, chemicals, a mental condition, or the possession or distribution of controlled drugs for other than legitimate purposes is a violation of the Nurse Practice Act that can result in disciplinary action taken against a nurse’s license by the Florida Board of Nursing.  If the nurse has been reported only to IPN, he/she agrees to participate in IPN, and successfully completes IPN, the file is closed and held in confidence with no disciplinary action resulting.  If the nurse is reported only to IPN, and does not agree to participate, or does not successfully complete IPN, then the information in IPN’s possession is forwarded to the DOH, and may result in disciplinary action, if deemed appropriate.  In some cases, the nurse is reported both to IPN and the DOH and in those cases, the disciplinary process proceeds and may result in disciplinary action. 

Soreide Law Group represents nurses in disciplinary hearings in front of the Florida Department of Nursing.  If you need to speak to a lawyer regarding your nursing license please call: (888) 760-6552, or visit our website at www.floridaprofessionallicense.com.

Licensure/Certification for Florida Pharmacists

Thursday, March 25th, 2010

Length of Training/Requirements
The Doctor of Pharmacy degree requires at least six years of study beyond high school. The curriculum in Florida, consists of anatomy, physiology, microbiology, biochemistry, pharmacology, pathophysiology, pharmacy calculations, pharmaceutics, medicinal chemistry, professional communications, pharmacy management, pharmacy law, evidenced-based pharmacy, clinical pharmacokinetics, pharmacotherapy, and clinical clerkships. Some pharmacy programs admit students directly from high school; however, such students may be required to complete pre-pharmacy course work in mathematics, general chemistry, organic chemistry, biology, physics, English, humanities, and the social sciences. Most schools also require the Pharmacy College Admissions Test (PCAT). Pharmacy graduates may enter one- or two-year residency programs or fellowships. There is a trend toward greater clinical specialization, which requires residency and fellowship training.

Pharmacists practicing in Florida must have a state license. Graduates of accredited colleges of pharmacy are eligible to take the state licensure exam in Florida. An internship is incorporated into the Doctor of Pharmacy curriculum. Continuing education requirements are required every two years for license renewal.

Licensure as a consultant pharmacist is also available. Specialty board certification is available for nuclear, nutritional support, oncology, and pharmacotherapy areas.

Soreide Law Group represents those seeking admittance to the Florida Board of Pharmacy. We also represent those pharmacists brought in front of the Florida Board of Pharmacy in disciplinary hearings.  To speak to a lawyer regarding these issues please call: (888) 760-6552, or visit our website at: www.floridaprofessionallicense.com.

Chiropractic Introductions – Q&A.

Thursday, March 25th, 2010

How are chiropractors educated? Today’s doctor of chiropractic in Florida, is well educated. The chiropractor needs to complete similar pre-med requisites as required by most medical schools. Special attention is paid to diagnosis, anatomy, physiology, pathology, neurology, biomechanics, x-ray and specific spinal adjusting techniques. A Florida doctor of chiropractic needs to first pass a national board examination and, if successful, continues on to take the Florida state board examinations in order to be granted the privilege to practice in the state of Florida. After licensure, the chiropractic education continues with post-graduate requirements in order to renew the license and remain current on the latest scientific research.

Soreide Law Group represents those with licensure issues in front of the Florida Board of Chiropractic Medicine.  For more information regarding our services or to speak to a lawyer regarding your license please call: (888) 760-6552, or visit our website at www.floridaprofessionallicense.com.

Do nurses have any legal recourse regarding disciplinary actions imposed by state boards of nursing?

Wednesday, March 24th, 2010

Question:

Dear Nancy,

My RN colleague wrote a nasty letter to the state board of nursing regarding disciplinary action it took against her. I believe that she was asked to pay a fine, and she eventually returned to her home state. Now her home state has revoked her RN license as a result of her letter to the board that fined her. She asked to have her license reinstated and was willing to pay the fine. She was told that if she wants her license back (after she pays the original fine) she would have to retake the NCLEX and earn it. She has been out of school for 25 years.

I find this to be a puzzling response from the state board of nursing. Can state boards of nursing take such actions? Does my colleague have any legal recourse regarding her license?

Richard

Nancy replies:

Dear Richard,

There is probably much more to this situation than appears in your question. However, some general comments can be addressed.

Initially, most, if not all, state nurse practice acts give authority to a state board of nursing to discipline a nurse licensed in that state if the nurse has been disciplined in another state. The specifics of that authority are contained in the state practice act and rules, and the board of nursing must act within its granted powers. It may well be, then, that the fine in the other state would have resulted in disciplinary action in your colleague’s home state. The writing of the letter may or may not have had an impact upon the home state board’s discipline, but it was clearly not the best decision to write and send it. At a minimum, it speaks of unprofessional conduct, and the home state board also may have decided to act in accordance with its powers in that regard.

When a disciplinary measure results in a revocation, for example, the practice act and its rules in force at the time would control any requirement concerning relicensing, including retaking of the NCLEX. It is assumed that when the revocation was imposed as a disciplinary action, and possibly coupled with other disciplinary actions or time frames (e.g., the nurse has not practice for the past five years), there was a requirement that the NCLEX be taken again. Again, a board of nursing cannot act outside its granted powers and responsibilities detailed in the practice act and rules. If the board does so, the action can be challenged.

If your colleague thinks the board of nursing acted in a manner not consistent with the applicable nurse practice act and rules, she should consult with a nurse attorney or attorney in her state who handles professional discipline matters. The attorney can evaluate the situation and advise her specifically about what legal options, if any, are open to her. The sooner your nurse friend has this consultation the better. There are specific time frames within which a challenge to a board of nursing decision can be filed in a court of law.

Sincerely,
Nancy

This question and answer is an example of the many issues that may result from a disciplinary action against your professional license.  Soreide Law Group will represent you in front of the Florida Board of Nursing.  If you have any questions regarding your nursing license, please contact us at our website: www.floridaprofessionallicense.com or call and speak to an attorney at: (888)760-6552.

Department of Business and Professional Regulation Sweeps Jacksonville Flea Market for Unlicensed Cosmetologists and Barbers

Wednesday, March 24th, 2010

March 12, 2010

JACKSONVILLE—Yesterday, the Department of Business and Professional Regulation, in partnership with the Jacksonville Sheriff’s Office, conducted an unlicensed cosmetology and barber sweep at the Norwood Flea Market in Jacksonville. Department investigators implemented the sweep after receiving numerous complaints about unlicensed activity at the market location. Investigators checked six licenses, issued two citations, one cease and desist and opened four cases against licensed establishments for hiring unlicensed professionals.

Hiring an unlicensed individual can threaten the financial and personal safety of consumers, as well as the livelihood of state-licensed professionals. Unlicensed individuals may not carry workers’ compensation or liability insurance, and consumers may end up paying for injuries on the job. Additionally, unlicensed individuals often underbid licensed professionals, which results in law-abiding professionals losing work to those who do not meet state licensure requirements.

“Consumers are our partners in combating unlicensed activity,” said Interim Secretary Liem. “I would like to thank those who called in these tips and encourage others to do the same.”

The department’s mission is to license efficiently and regulate fairly. The department licenses more than one million businesses and professionals ranging from real estate agents, veterinarians, and accountants to contractors and cosmetologists. For more information, please visit MyFloridaLicense.com.

Soreide Law Group represents cosmetologists and barbers in front of the Florida State Board of Cosmetology.  For more information regarding professional licensing law please visit our website at:  www.floridaprofessionallicense.com or call our office and speak to an attorney at: (888)760-6552.