The Board proposes the rule amendment to ensure that the permit holder for a Florida real estate school is a Florida licensed broker.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NO.:RULE TITLE:

61J2-17.011School Instructor Requirements and Qualifications

PURPOSE AND EFFECT: The Board proposes the rule amendment to ensure that the permit holder for a Florida real estate school is a Florida licensed broker.

SUMMARY: The proposed rule amendment updates the rule requirements to clarify school permit holders must be Florida licensed brokers or 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 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 Board 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: 475.451 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:

61J2-17.011 School Instructor and Permit Holder Requirements and Qualifications.

(1) A person shall qualify for an instructor’s permit by meeting the qualifications for practice set forth in Section 475.451(2)(b)1., F.S. “Extensive real estate experience” shall be defined as a minimum of three years of full-time experience as a broker. This experience must include having participated in closing at least five real estate transactions as a licensee, or as the employing broker of licensees, for either party to the transaction, within the 12-month period immediately preceding the filing of an instructor’s application.

(2) A person shall qualify to be a school permit holder by meeting the qualifications for practice set forth in Section 475.451(2)(a), F.S. The licensee must be a holder of a Florida Broker’s license in order to satisfy the Broker license requirement in Section 475.451(2)(a), F.S.

Rulemaking Authority 475.05 FS. Law Implemented 475.451 FS. History–New 10-13-88, Amended 1-13-91, 8-19-91, 6-28-93, Formerly 21V-17.011, Amended 11-24-97,_______________________.

 

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: September 21, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 6, 2022