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
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 48 No. 100, May 23, 2022 issue of the Florida Administrative Register.
The changes are based upon written comments received by the staff of the Joint Administrative Procedures Committee.
The rule now reads as follows:
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 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 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, “Sales Associate Course Syllabus (Course I)” or “Broker Course syllabus (Course II).” effective January 1, 2023 “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.
I.Course I submissions for classes to be offered prior to December 31, 2022 shall be evaluated based on the January 1, 2015 Revision, incorporated herein by reference and available at http://www.flrules.org/Gateway/Reference.asp?No=Ref-05977.
II.Course I submissions for classes to be offered on or after January 1, 2023 shall be evaluated based on the January 1, 2022 Revision, which is likewise incorporated herein by reference and is available at http://www.flrules.org/Gateway/Reference.asp?No=Ref- .
III.Course II submissions shall be evaluated based on the Revision 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-09136,
IV.In addition to online availability, Course I and Course II syllabi are also available from the Commission’s office at 400 W. Robinson Street, #N801, Orlando, Florida 32801.
V.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, .
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, Giuvanna.Corona@myfloridalicense.com
