The Board proposes the rule amendment to clarify continuing education requirements.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Appraisal Board

RULE NO.:RULE TITLE:

61J1-4.003Continuing Education

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify continuing education requirements.

SUMMARY: Continuing education requirements will be clarified.

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 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: 475.613(2), 475.614 FS.

LAW IMPLEMENTED: 475.613, 475.618, 475.628 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: Allison McDonald, Executive Director, Florida Real Estate Appraisal Board, 400 West Robinson Street, #N801, Orlando, FL 32801.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61J1-4.003 Continuing Education.

(1) All registered, licensed and certified appraisers must satisfactorily complete a minimum of 30 hours of 50 minutes each of appraiser continuing education as prescribed or approved by the Florida Real Estate Appraisal Board, without duplication of material, during each renewal period as defined in Rule 61J1-2.002, F.A.C. The 30 hours shall include the 7-hour National USPAP update course or its equivalent and shall be taught by an AQB (Appraiser Qualification Board) certified USPAP instructor, without significant duplication of material, as defined in Section 475.611(1)(q), F.S. A minimum of 3 hours shall be dedicated to a review and update of the Florida Real Estate Appraisal Law and Board Rules, and provide an introduction to other state and federal laws affecting real estate appraisals.

A registered, licensed or certified appraiser is not required to complete the 30 hours of continuing education as a condition for initial registration, licensure or certification renewal if the time between the effective date on the initial registration, license or certificate and the beginning of the initial registration, licensure or certificate renewal is less than 6 months.

(2) No change.

(3) Satisfactory completion of the Board prescribed or approved continuing education course or courses of classroom instruction is demonstrated by successfully meeting standards established for each Board prescribed course. These standards for approval of continuing education courses for appraisers shall be that the course or courses contain at least 2 hours of instruction and cover real estate appraisal related topics such as ad valorem taxation, arbitration, business courses related to real estate appraisal, construction estimating, ethics and standards of professional practice, valuation bias, fair housing, equal opportunity, land use planning, zoning and taxation, management, leasing, brokerage, timesharing, property development, partial interests, real estate appraisal (valuations/evaluations), real estate financing and investment, real estate law, easements, legal interests, real estate litigation, damages, condemnation, real estate appraisal related computer applications, real estate securities and syndication, developing opinions of real property value in appraisals, seller concessions, impact on value, energy-efficient items and “green building” (as set forth in the AQB’s The Real Property Appraiser Qualification Criteria), appraisal, and real property exchange.

(a) through (d) No change.

(4)(a) The continuing education courses required in this rule may be satisfied by a Board approved equivalent distance education course. Distance education is education that takes place when the learner is separated from the source of instruction by time and/or distance. Such distance education course subject matter, assignment work, scholastic standards and other related requirements shall be evaluated in the same manner as the course offered by classroom instruction, having due regard however, to the different method of presentation. Components of distance education include synchronous and asynchronous courses. Synchronous courses require the instructor and students to interact simultaneously online via live webinar or web based meeting. Synchronous courses do not require final exams or proof of certification of the delivery method by the AQB or an independent certified organization approved by the AQB. The institution, school, or entity offering synchronous education courses must provide the delivery platform. Asynchronous courses allow the students to progress at their own pace and follow a structure course content and quiz/exam schedule. The institution, school or entity offering distance asynchronous education courses must provide proof of certification of the delivery method by the AQB or by an independent certified organization approved by the AQB.

(b) A copy of the distance education course materials, a detailed course timeline, learning objectives, and a copy of each form of the course examination that will be administered to students shall be submitted to the Board for evaluation and approval at least 90 days prior to use. A minimum of 2 course examinations for each course shall be submitted for approval. The Board will issue a status report to the course provider within 60 days after submission of the course and examinations. Approval must be granted before the course and examinations may be offered. Thereafter, the course and examinations shall be maintained by each institution, school, or entity offering the distance education course(s) in accordance with the Board approved standard as subsequently modified by changing times, standards and laws. It is the responsibility of the institution, school or entity offering the Board approved distance education courses to keep the course material current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. The examination must be proctored in person or remotely. Bio-metric proctoring is acceptable.  As an alternative to the proctoring of the final examination, there must be successful completion of course related topics, as set forth by the AQB, required to demonstrate knowledge of the subject matter.

(c) The continuing education courses required in this rule may be taught by a Board approved equivalent hybrid education course. Hybrid courses can be composed of a combination of classroom, asynchronous and synchronous education. Hybrid courses must include in the course timed outline what sections are being offered by synchronous, asynchronous and classroom. The asynchronous portion of the course requires a course examination. A copy of the complete course materials and a copy of each form of the course examination that will be administered to students shall be submitted to the Board for evaluation and approval at least 90 days prior to use. A minimum of 2 course examinations for each course shall be submitted for approval. The examination may be administered at the end of the course or portions of the examination may be administered to students at appropriate intervals during the course. The Board will issue a status report to the course provider within 60 days after submission of the courses and examinations. Approval must be granted before the course and examination may be offered. Thereafter, the course and examinations shall be maintained by each institution, school, or entity offering the education course(s) in accordance with the Board approved standard as subsequently modified by changing times, standards, and laws. It is the responsibility of the institution, school, or entity offering the Board approved education courses to keep the course material current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. The examination must be proctored in person or remotely. Bio-metric proctoring is acceptable. As an alternative to the proctoring of the final examination, there must be successful completion of course related topics, as set forth in the AQB, required to demonstrate knowledge of the subject matter.  The institution, school, or entity offering hybrid education courses must provide proof of certification of the delivery method by the AQB or by an independent certified organization approved by the AQB for the asynchronous portion of the course. The institution, school, or entity offering hybrid education courses must provide the delivery platform for the synchronous portion of the course.

(d) through (g) No change.

(5) through (6) No change.

(7) A registrant, licensee, or certificate holder, including a Board member, who attends an entire meeting where the Board considers disciplinary cases shall earn once during a renewal cycle, hour for hour credit, up to a maximum minimum of seven five (75) classroom hours of continuing education credit, provided that, the individual is not appearing as a party to a disciplinary action and notifies the Division of Real Estate, Education Section, of the intent to attend at least seven (7) days prior to the meeting. No credit will be given for any meeting that lasts less than two (2) hours.  In order to award credit, attendance at the board meeting shall be subject to review, monitoring, and auditing by the Board or Department. If the meeting lasts more than five hours, the licensee shall earn seven (7) classroom hours of the required thirty (30) hours of continuing education.

(8) No change.

Rulemaking Authority 475.613(2), 475.614 FS. Law Implemented 475.613, 475.618, 475.628 FS. History–New 10-15-91, Amended 4-21-92, 6-7-92, Formerly 21VV-4.003, Amended 11-3-94, 9-5-96, 4-6-98, 9-6-98, 9-14-00, 10-22-01, 3-31-02, 5-25-04, 5-15-05, 1-8-06, 12-4-06, 12-6-07, 6-7-10, 7-17-11, 4-9-13, Amended 11-17-15, 10-16-19, 2-18-21, 1-4-22,                       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Real Estate Appraisal Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Real Estate Appraisal Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 5, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 4, 2023