DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Commission
RULE NO.:RULE TITLE:
61J2-3.008Pre-licensing Education for Broker and Sales Associate Applicants
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 119, June 20, 2016 issue of the Florida Administrative Register.
The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee in a letter dated June 24, 2016, and a meeting of the Commission on January 17, 2018. The changes are as follows:
61J2-3.008 Pre-licensing Education for Broker and Sales Associate Applicants.
(1) through (3) No change.
(4)(a) No change.
(b) The school must submit to the Commission the course materials and end-of-course examinations. The school must also submit a copy of the course, and access to the course, in the format in which the course will be offered to the student. Pre-license courses shall be resubmitted for evaluation prior to every second renewal. When delivered by distance education, the course and examination shall comply with the “Course Approval criteria” as follows:
1. through 2. No change.
3. Schools must demonstrate that the credit hours awarded for distance learning are appropriate to the course offered. The schools may accomplish this objective by demonstrating that students engaged in distance learning have acquired the knowledge, skills, and/or competencies that are at least equivalent to those acquired by students enrolled in classroom studies. Pre-licensure courses shall not be offered by correspondence methods, except by reason of a hardship as defined by rule.
a. through i. No change.
j. The school must require the student to submit a statement that includes, “I certify that I personally completed all assignments and have not duplicated any portion of the end-of-course examination prior to the taking of the final examination.” Thereafter, it is the responsibility of the school offering the Commission-approved courses to keep the course materials current and accurate, as changing times and laws require, and obtain approval from the Commission at least 60 days before implementing any significant changes to the course during its approval period. Approval or denial of a Commission-required pre-licensing course (Course I or Course II) will be based on the extent to which the course content covers the material set forth in the appropriate Commission-developed course syllabus, effective January 1, 2015 “Sales Associate Course Syllabus (Course I) and effective January 1, 2017 September 1, 1999 “Broker Course syllabus (Course II)”, incorporated herein by reference and available at http://www.flrules.org/Gateway/Reference.asp?No=Ref-05977 and http://www.flrules.org/Gateway/Reference.asp?No=Ref-05978, or from the Commission’s office at 400 W. Robinson Street, #N801, Orlando, Florida 32801. The institution or school may resubmit a denied course with the mandated changes for reevaluation.
k. During the month of August of each year, real estate instructors and other real estate education stake holders may submit written recommendations for updating the Sales Associate Course Syllabus (Course I) and Broker Course Syllabus (Course II). The purpose of submitting recommendations is to keep the course syllabi current with revised rules and statutes.
(c) The Commission will approve pre-licensure courses for a period of 24 months and evaluate the course for renewal, provided the school submits the form DBPR RE 18, “Continuing Education Course Approval Application”, incorporated by Rule 61-35.027(17), F.A.C. renewal application no more than 120 days later than 90 days prior to the course expiration date. A school may grade an examination within 15 days after the expiration date of the course, provided it receives the materials prior to or on the date of expiration. Schools shall notify students of course expiration date upon enrollment.
(d) No change.
(5) through (9) No change.
Rulemaking Authority 475.05 FS. Law Implemented 475.04, 475.17, 475.182, 475.183, 475.451 FS. History–New 1-1-80, Amended 8-24-80, 9-16-84, Formerly 21V-3.08, Amended 7-16-86, 10-13-88, 5-20-90, 1-13-91, 7-20-93, Formerly 21V-3.008, Amended 12-13-94, 6-14-95, 8-2-95, 12-30-97, 9-1-99, 1-18-00, 11-6-00, 1-12-04, 11-3-15, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lori Crawford, Executive Director, Florida Real Estate Commission, 400 W. Robinson Street, #N801, Orlando, Florida 32801, lori.crawford@myfloridalicense.com.
