The proposed rule amendment is intended to update the language regarding post-licensing education for active and inactive broker and sales associate licensees.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NO.:RULE TITLE:

61J2-3.020Post-licensing Education for Active and Inactive Broker and Sales Associate Licensees

PURPOSE AND EFFECT: The proposed rule amendment is intended to update the language regarding post-licensing education for active and inactive broker and sales associate licensees.

SUMMARY: The proposed changes will update the language regarding post-licensing education for active and inactive broker and sales associate licensees.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Commission meeting, the Commission concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Commission determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 475.05, 475.17 FS.

LAW IMPLEMENTED: 475.04, 475.17, 475.182 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61J2-3.020 Post-licensing Education for Active and Inactive Broker and Sales Associate Licensees.

(1) All applicants for licensure who pass a broker or sales associate licensure examination must satisfactorily complete a Commission-prescribed post-licensing course prior to the first renewal following initial licensure. The licensee must take the post-licensing course or courses at an accredited university, college, community college, area technical center in this state, real estate school registered, pursuant to Section 475.451, F.S., or Commission-approved sponsor (“provider”).

(a) through (b) No change.

(c) For all courses approved for classroom delivery, 50 minute hours means fifty minutes of classroom instruction, exclusive of any breaks, recesses, or other time not spent in instruction. Classroom hours are the hours delivered live by an instructor in a classroom or by live streaming or any means of video conferencing technology while students are in attendance at permitted or approved school locations.

(d) Any school requesting approval for a distance learning course via live streaming video or any other means of video conferencing technology must submit to the DBPR at the time of course submission all course materials as well as information on the delivery method and software platform being used.

(2) No change.

(3) Providers and schools The provider must submit to the DBPR two complete copies of the course materials and end-of-course examination; one submission must be blind. Providers and schools The provider must also submit a copy of the course, or access to the course, in the format in which the course will be offered to students.student will use it. The course and examination, when delivered via distance education, shall comply with the “Course Approval Criteria” as follows:

(a) No change.

(b) Distance learning means delivery of education offerings or courses via the internet and/or other interactive electronic media. Such offerings or courses shall be interactive, providing for the interchange of information between the student and instructor, and shall provide for the registration, evaluation, and monitoring of students.

(c) 50 minute hours for distance learning courses shall be the equivalent of the 50 minute classroom hour in a classroom delivery course.

(d)(b) Providers and schools must demonstrate that the credit hours awarded for distance learning are appropriate to the course offered. The provider 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.

1. Providers and schools The provider must demonstrate that the technical processes used in the delivery of the course operate correctly and the instructional strategies its use supports.

2. Providers and schools The provider must have in place alternative plans for the provision of uninterrupted learner services and technical support in the event of primary system failure.

3. Providers and schools The provider must have policies and technical processes in place to verify and document student identity for enrollment, course participation and course completion.

4. Course submissions shall include a detailed course time-line, and the provider or school shall make the time-line available to students prior to enrollment.

5. Providers and schools The provider must present evidence by means of an objective study that the stated course hours are consistent with actual hours required to complete the course.

6. Providers and schools The provider must describe in detail, the objective method used to ensure students receive only the allotted time to complete the end-of-course examinations.

7. Providers and schools The provider must demonstrate that instructors and technical staff are available to assist students with instruction. Instructor and technical assistance hours must be made available to students and posted in a prominent location.

8. No change.

9. End-of-course examinations shall not include aids such as, but not limited to, hint, back, or retry functionalities. Providers and schools The provider must demonstrate that there is a reasonable method in place to prevent duplication of the end-of-course examination. Students shall not take the end-of-course examination without satisfactorily completing all sessions of the syllabus.

10. Providers and schools The provider 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 provider 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. If the Commission does not approve the course, the provider may resubmit a denied course, with the mandated changes for re-evaluation.

(4) No change.

(5) The Commission shall approve post-licensure courses for a period of 24 months and evaluate the course for renewal, provided consider renewals only if the provider or school submits the form DBPR RE 18, “Continuing Education Course Approval Application”, as set forth in Rule 61-35.027(17), F.A.C., renewal application no more than 120 days prior to later than 90 days prior to the course expiration date. The renewal application must include the course materials, the end-of-course examinations, and a summary of what updates and revisions have been made to the course. Post-License courses shall be resubmitted for evaluation prior to every second renewal. A provider may grade an examination within 15 days after the expiration of the course, provided it receives the materials prior to or on date of expiration.

(6) Providers and schools The provider shall administer the examination and issue a notice of satisfactory completion, as per Rule 61J2-3.015, F.A.C., provided the student has not missed in excess of 10% of the instruction and has passed the end-of-course examination with a grade of 75% or higher.

(7) Providers and schools The provider offering these Commission-prescribed or approved courses shall inform each student of the standards and requirements at the commencement of each course. Notice of course completion shall comply with Rule 61J2-3.015, F.A.C. In all Commission-approved courses offered by distance education, the provider or permitholder shall provide to students an address, e-mail address and telephone number of a Commission-approved instructor registered with such provider, who shall be available to assist the students with instruction. Instructor and technical assistance hours must be made available to students and posted in a prominent location.

(8)(a) Students failing a Commission-prescribed end-of-course examination must wait at least 30 days from the date of the original examination to retest. Within one year of the original examination, a student may retest a maximum of one time within one year of the original examination. Otherwise, students failing the Commission-prescribed end-of-course examination must repeat the course prior to being eligible to again take the end-of-course examination. Providers and schools shall administer a different form of the end-of-course examination to a student that is retaking the exam or repeating the course.

(b) No change.

(9) No change.

Rulemaking Authority 475.05, 475.17 FS. Law Implemented 475.04, 475.17, 475.182 FS. History–New 1-1-89, Amended 1-4-90, 6-28-93, Formerly 21V-3.020, Amended 8-2-95, 12-30-97, 2-24-00, 7-23-00, 5-12-04, 1-11-11,                                   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Real Estate Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Real Estate Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 17, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 16, 2017