The Commission proposes the rule amendment to update the rule title; delete unnecessary language and to add new language to clarify hardship cases; and to renumber the rule accordingly.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NO.:RULE TITLE:

61J2-3.013Distance Education Courses for Hardship Cases

PURPOSE AND EFFECT: The Commission proposes the rule amendment to update the rule title; delete unnecessary language and to add new language to clarify hardship cases; and to renumber the rule accordingly.

SUMMARY: The rule amendment will update the rule title; delete unnecessary language and to add new language to clarify hardship cases; and to renumber the rule accordingly.

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: A SERC has not been prepared by the Commission. The Commission 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, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature.

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: 455.2123, 475.05, 475.17(2) FS.

LAW IMPLEMENTED: 455.2123, 475.04, 475.17(2), 475.183, 475.451(3), (6) 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: Juana Watkins, Executive Director, Division of Real Estate, 400 N. Robinson Street, Suite N801, Orlando, Florida 32801

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61J2-3.013 Hardship Cases Distance Education Courses for Hardship Cases

(1) Distance Education courses containing the same subject matter and requiring substantially the same assignment work will be prescribed by the Commission for any person who by reason of hardship cannot attend the place for classroom instruction prescribed in Rules 61J2-3.008, 61J2-3.010 and 61J2-3.020, F.A.C. or does not have access to the distance learning course or courses. The scholastic standards and other related requirements will be substantially the same as the courses offered by classroom instruction, having due regard, however, to the different method of presentation. A copy of the course and all course materials shall be submitted to the Commission for evaluation at least 60 days prior to use. The approval or denial of the course will be based on the extent to which the course complies with the requirements set forth in Rule 61J2-3.008, 61J2-3.009, or 61J2-3.020, F.A.C. Examinations, if required, must test the course material. If course approval is denied, the institution or school may resubmit the course, with the mandated changes.

(1)(2) A physical hardship case pertaining to post licensing education includes: (a) a licensee’s long term illness or an illness involving a close relative or person for whom the licensee has care-giving responsibilities; (b) the required course is not reasonably available; and or (c) the licensee has an economic or technological, or legal hardship that substantially relates to the ability to complete education requirements.

(2) An illness or economic hardship case pertaining to reactivation education includes:

(a) a licensee’s long term illness or an illness involving a close relative or person for whom the licensee has care-giving  responsibilities;

(b) the required course is not reasonably available; or

(c) the licensee has an economic or technological hardship that substantially relates to the ability to complete education requirements.

(3) An economic hardship is defined as the inabililty to meet reasonable basic living expenses.

(4)(3) Any person requesting such hardship as cited above desiring to complete the education course by means of distance education shall make a request to the Commission in writing, setting forth the basis of the alleged hardship. The Commission may shall require said request to be supported by additional documentation statements of doctors and other persons having knowledge of the facts.

Rulemaking Authority 455.2123. 475.05, 475.17(2) FS. Law Implemented 455.2123, 475.04, 475.17(2), 475.183, 475.451(3), (6) FS.; Georgia Association of Realtors, Inc., et al. v. Florida Real Estate Commission, et al., Civil Action No. 87-15-Orl-Civ-18 (M. D. Fla. 1987). History–New 1-1-80, Amended 8-24-80, Formerly 21V-3.13, Amended 4-10-88, 10-13-88, 7-20-93, Formerly 21V-3.013, Amended 12-30-97, 9-17-00, 12-6-12,                       .

 

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: October 20, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 6, 2015