The purpose of the amendments is to the update the text to address JAPC concerns with existing rule language.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NOS.:RULE TITLES:

61J2-17.013Interpretation of Particular Phrases

61J2-17.014Guest Lecturers

61J2-17.016Renewal of Instructor Permits

PURPOSE AND EFFECT: The purpose of the amendments is to the update the text to address JAPC concerns with existing rule language.

SUMMARY: Update rule text.

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, 475.451 FS.

LAW IMPLEMENTED: 475.451(1)(2)(a)(6), 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:

 

61J2-17.013 Interpretation of Particular Phrases.

Whenever used, the phrases set forth shall be construed as follows:

(1) “To guarantee that its pupils will pass any examinations required for licensure given by the department” as prohibited by Section 475.451(3), Florida Statutes, and shall be construed to include, but without limitation, any representation, agreement, promise or understanding whereby a person enrolled in any school or course is to receive any refund of money or other thing of value if such person should fail the examination offered by the Department Division.

(2) No change.

Specific Authority 475.05 FS. Law Implemented  475.451 FS. History–New 6-28-93, Formerly 21V-17.013,              .

 

61J2-17.014 Guest Lecturers.

Guest lecturers may be used by a real estate school offering Commission prescribed or approved equivalent courses so long as:

(1) No change.

(2) Guest lecturers have prior written approval of the Commission; and

(3) renumbered (2) No change.

Specific Authority 475.05 FS. Law Implemented 475.451(1),(2)(a),(6) FS. History–New 6-28-93, Formerly 21V-17.014,                 .

 

61J2-17.016 Renewal of Instructor Permits.

(1) through (2) No change.

(3) An involuntarily inactive instructor permit holder must complete the following in order to obtain an active permit:

(a) Successfully complete the continuing education requirements of Rule 61J2-3.011, F.A.C.

(b) File a renewal application.

(c) and (d) renumbered to (b) and (c)

(c) No change.

(d) No change.

(4) No change.

Rulemaking Authority 475.05, 475.451 FS. Law Implemented 475.451 FS. History–New 10-25-98,              .

 

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: March 16, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 26, 2022