The Commission proposes the rule amendment to update the rule regarding continuing education for school instructors.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NO.:RULE TITLE:

61J2-3.011Continuing Education for School Instructors

PURPOSE AND EFFECT: The Commission proposes the rule amendment to update the rule regarding continuing education for school instructors.

SUMMARY: The rule will be updated in regards to continuing education for school instructors.

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 Board meeting, the Board, based upon the expertise and experience of its members, determined that there was no reason to expect increased costs, 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: 455.2123, 475.05, 475.451 FS.

LAW IMPLEMENTED: 455.2123, 455.2178, 475.451 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:

 

61J2-3.011 Continuing Education for School Instructors.

(1)(a) Any person holding “school instructor” permits shall recertify competency during each permit period by satisfactorily completing 7 classroom or distance learning hours consisting of 3 hours of Core Law and 4 hours of Instructional Techniques as approved by the Commission. A school instructor is not required to complete the 7 hours of recertification education as a condition for initial permit renewal if the time between the effective date on the initial permit as an instructor and the beginning of the initial renewal permit is less than 6 months. Of the required 7 classroom or distance learning hours, up to 3 hours may be applied toward the continuing education core law requirement for licensure pursuant to Rule 61J2-3.009, F.A.C. The commission may accept as a substitute for 3 classroom hours of core law, one time per renewal cycle, attendance at one legal agenda session of the commission.  To obtain credit, the licensee must notify the division at least 7 days in advance of his or her intent to attend.  A licensee may not earn any continuing education credit for attending a legal agenda session of the commission as a party to a disciplinary action.

(b) No change.

(2)(a) 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 to students who are in attendance at permitted or approved school locations.

(b) No change.

(c) The Commission shall approve any course, seminar or conference in the real estate practice area provided by a public or private school, firm, association, organization, person, corporation, sponsor or provider. Instructional Technique courses shall be approved for no less than 2 hours and for not more than 4 hours of instruction of 50 minutes each. Courses shall not be approved for fractional hours. The Commission will approve the course for 24 months. Approval or denial of an Instructional Techniques course will be based on its compliance with the following criteria: the course shall be related to real estate, Instructional Technique courses shall be designed to be training oriented to teach instructors how to present courses. and provide updates on statutes and rules relevant to the real estate industry.

(d) through (f) No change.

(3) through (9) No change.

Rulemaking Authority 455.2123, 475.05, 475.451 FS. Law Implemented 455.2123, 455.2178, 475.451 FS. History–New 7-28-80, Amended 8-24-80, 1-3-84, Formerly 21V-3.11, Amended 7-25-90, 7-20-93, Formerly 21V-3.011, Amended 12-30-97, 1-18-00, 9-17-00, 2-4-04, 10-13-10, 12-6-12, 4-19-18,               .

 

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: November 14, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 2, 2018