The purpose of the amendments is to the update the text to incorporate new revision of FREC-1 Syllabus to rule and update the effective date.

 

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

PURPOSE AND EFFECT: The purpose of the amendments is to the update the text to incorporate new revision of FREC-1 Syllabus to rule and update the effective date.

SUMMARY: Update the effective January 1, 2015 “Sales Associate Course Syllabus (Course I) to revised verison.

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, 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. 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 FS.

LAW IMPLEMENTED: 475.04, 475.17, 475.182, 475.183, 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: Giuvanna Corona, Executive Director, Florida Real Estate Commission, 400 W. Robinson Street, #N801, Orlando, FL 32801, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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. Primary schools shall submit pre-license courses for evaluation every new edition. In no event may a course evaluation submission for renewal be made more than four years after the original approval date. Secondary schools shall resubmit pre-license courses for evaluation prior to every second renewal. A primary school is a school that develops the course material for evaluation under its school name. A secondary school is a school that has been given authority by the primary school to submit the course material for evaluation under its school name. Secondary schools must submit, with the course evaluation, a letter from the primary school authorizing the secondary school to submit the course for evaluation under its school name. When delivered by distance education, the course and examination shall comply with the “Course Approval criteria” as follows:

1. through 3. No change.

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, 2023 2015 “Sales Associate Course Syllabus (Course I) and effective January 1, 2017 “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-09136, 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. No change.

(c) through (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, 3-27-18, 1-17-19, 12-22-20,            .

 

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: April 19, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2022