The purpose of the amendments is to allow education courses, approved by the Commission for in-person delivery, to be offered by live streaming/videoconferencing/webinar, without that course being conserved to be distance learning and therefore ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NOS.:RULE TITLES:

61J2-3.008Pre-licensing Education for Broker and Sales Associate Applicants

61J2-3.009Continuing Education for Active and Inactive Broker and Sales Associate Licensees

61J2-3.010License Reactivation Education for Brokers and Sales Associates

61J2-3.011Continuing Education for School Instructors

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

PURPOSE AND EFFECT: The purpose of the amendments is to allow education courses, approved by the Commission for in-person delivery, to be offered by live streaming/videoconferencing/webinar, without that course being conserved to be distance learning and therefore having to include all the additional requirements for a distance course.

SUMMARY: Update rule language regarding education courses.

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 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, 475.17, 475.182, 475.183(3) FS.

LAW IMPLEMENTED: 455.2123, 455.2178, 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: Robin Rogers, 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) No change. 

(2)(a) Any licensed sales associate desiring to become licensed as a broker must satisfactorily complete the Commission-prescribed course designated as Course II. This course will consist of 72 hours of 50 minutes each, inclusive of examination, in the fundamentals of real estate appraising, investment, financing, and brokerage and management operations.

(b) No change. 

(c) Any school requesting approval for a live distance learning course via streaming course 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.

(3) No change.  

(4)(a) A grade of 70% or higher on the Commission-prescribed end-of-course examination constitutes satisfactory course completion. The school shall administer the examination upon completion of the instruction, provided the student has not missed in excess of 8 hours of classroom instruction.

(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 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 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 g.  No change.

h. Pre-licensing courses must conform to and follow the order of the Course I and Course II syllabus. Courses must include learning objective for each session of the syllabus. The course school must describe the method of assessment of the student’s performance periodically throughout the course of instruction.

i. through k. No change.

(c) through (d) No change.

(5) through (8) No change.

(9)  No change.

(10) Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses.  Any other provision of this rule notwithstanding, from the effective date of this subsection {insert effective date from adoption certificate} until December 31, 2020, a provider may offer any Commission-approved prelicensure educational course, previously approved by the Commission for in-person / live delivery, through live streaming / online webinar / videoconferencing technologies.  Providers may only utilize this process during the effective period of this subsection.  After January 1, 2021, providers must apply, following current procedures, to continue offering an approved in-person/live course through live streaming technology.  In addition, each provider delivering pre-licensure education courses must make provision for the required end-of-course examination to be delivered through electronic methods that do not require a student’s physical presence.

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,       .

 

61J2-3.009 Continuing Education for Active and Inactive Broker and Sales Associate Licensees.

(1)(a) All persons holding active or inactive licenses as brokers or sales associates must satisfactorily complete a minimum of 14 hours of instruction of 50 minutes each as the Commission has prescribed or approved during each license renewal period excluding the first renewal period of their current license.

(b) No change. 

(c) Any school or provider requesting approval for a live distance learning course via streaming course 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.

(d) through (i)  No change. 

(2)(a) The Commission-prescribed Core Law course totaling 3 hours of instruction of 50 minutes each will review and update licensees on Florida real estate license law, Commission rules, and agency law, and provide an introduction to other state laws, federal laws, and taxes affecting real estate. Approval or denial of the Commission-required Core Law course will be based on the extent to which the course content covers the above-referenced subject areas. The Commission-prescribed Business Ethics and Business Practices course totaling 3 hours of instruction of 50 minutes each will cover general business ethics applicable to any business and/or real estate. 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 for re-evaluation.

(b) No change. 

(3) through (8) No change.

(9) Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses.  Any other provision of this rule notwithstanding, from the effective date of this subsection {insert effective date from adoption certificate} until December 31, 2020, a provider may offer any Commission-approved continuing education course, previously approved by the Commission for in-person / live delivery, through live streaming / online webinar / videoconferencing technologies.  Providers may only utilize this process during the effective period of this subsection.  After January 1, 2021, providers must apply, following current procedures, to continue offering an approved in-person/live course through live streaming technology. 

Rulemaking Authority 455.2123, 475.05 FS. Law Implemented 455.2123, 475.04, 475.17, 475.182, 475.183, 475.451 FS. History–New 1-1-80, Amended 8-24-80, 10-19-83, 9-16-84, Formerly 21V-3.09, Amended 10-13-88, 6-17-91, 12-29-91, 12-8-92, 6-28-93, Formerly 21V-3.009, Amended 2-2-94, 11-13-94, 5-13-96, 12-30-97, 10-25-98, 3-7-99, 1-18-00, 9-17-00, 1-12-04, 7-10-06, 11-3-15, 2-2-17, 9-27-17, 12-27-18,           .

 

61J2-3.010 License Reactivation Education for Brokers and Sales Associates.

(1) through (7) No change.

(8) Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses.  Any other provision of this rule notwithstanding, from the effective date of this subsection {insert effective date from adoption certificate} until December 31, 2020, a provider may offer any Commission-approved prelicensure educational course, previously approved by the Commission for in-person / live delivery, through live streaming / online webinar / videoconferencing technologies.  Providers may only utilize this process during the effective period of this subsection.  After January 1, 2021, providers must apply, following current procedures, to continue offering an approved in-person/live course through live streaming technology.  In addition, each provider delivering reactivation education courses must make provision for the required end-of-course examination to be delivered through electronic methods that do not require a student’s physical presence.

Rulemaking Authority 475.05, 475.183(3) 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-3.10, Amended 10-13-88, 6-28-93, Formerly 21V-3.010, Amended 12-30-97, 10-25-98, 1-18-00, 3-15-04, 11-8-06, 12-25-07, 8-18-08, 1-17-16, 10-26-16,                 .

 

61J2-3.011 Continuing Education for School Instructors.

(1) 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) Any school or provider requesting approval for a live distance learning course via streaming course 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.

(c) through (f) No change.

(3) through (9) No change. 

(10) Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses.  Any other provision of this rule notwithstanding, from the effective date of this subsection {insert effective date from adoption certificate} until December 31, 2020, a provider may offer any Commission-approved prelicensure educational course, previously approved by the Commission for in-person / live delivery, through live streaming / online webinar / videoconferencing technologies.  Providers may only utilize this process during the effective period of this subsection.  After January 1, 2021, providers must apply, following current procedures, to continue offering an approved in-person/live course through live streaming technology.  In addition, each provider must make provision for the end-of-course examination, if required, to be delivered through electronic methods that do not require a student’s physical presence.

Rulemaking Authority 455.2123, 475.05, 475.182, 475.451 FS. Law Implemented 455.2123, 455.2178, 475.182, 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, 2-11-19,                .

 

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

(1) through (9) No change. 

(10) Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses.  Any other provision of this rule notwithstanding, from the effective date of this subsection {insert effective date from adoption certificate} until December 31, 2020, a provider may offer any Commission-approved prelicensure educational course, previously approved by the Commission for in-person / live delivery, through live streaming / online webinar / videoconferencing technologies.  Providers may only utilize this process during the effective period of this subsection.  After January 1, 2021, providers must apply, following current procedures, to continue offering an approved in-person/live course through live streaming technology.  In addition, each provider delivering post-licensure education courses must make provision for the required end-of-course examination to be delivered through electronic methods that do not require a student’s physical presence.

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, 3-25-18,         .

 

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: June 17, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 2, 2020