Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Commission
RULE NO: RULE TITLE
61J2-3.015: Notices of Satisfactory Course Completion
PURPOSE AND EFFECT: To clarify existing language and delete the provision that up to 25% of licensees and instructors will be randomly audited for compliance.
SUMMARY: This rule clarifies existing language and deletes the provision that up to 25% of licensees and instructors will be randomly audited for compliance.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rule will not have an impact on small business.
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.
SPECIFIC AUTHORITY: 455.2123, 475.05 FS.
LAW IMPLEMENTED: 455.2123, 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lori Crawford, Deputy Clerk, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N802, Orlando, Florida 32801

THE FULL TEXT OF THE PROPOSED RULE IS:

61J2-3.015 Notices of Satisfactory Course Completion.

(1) Applicants for initial licensure as a broker or salesperson associate must provide the course completion report with the application or at the individuals scheduled examination as proof that they have satisfactorily completed the applicable Commission prescribed course.

(2) An application for renewal or reactivation of an existing status as a broker, broker-salesperson associate, salesperson associate or instructor shall contain an affirmation by the individual of having satisfactorily completed the applicable Commission prescribed, conducted or approved course(s). The BPR shall perform random audits of up to 25% of the licensees and instructor permitholders to verify compliance with continuing education or post-license education requirements. Each licensee and instructor permitholder shall retain the course completion report as proof of successful completion of continuing education or post-license education requirements for at least 2 years following the end of the renewal period for which the education is claimed. Failing to provide evidence of compliance with continuing education or post-license education requirements or the furnishing of false or misleading information regarding compliance with said requirements shall be grounds for disciplinary action against the licensee or instructor.

(3) Commission approved equivalent courses offered by accredited Florida universities, colleges, community colleges and area technical centers shall provide students with the applicable course completion report (notice) described below. The course completion report for these equivalent courses must contain the college equivalent course identifying number.

(4) All requests for equivalency for credit courses taken at universities, colleges and community colleges outside of Florida must be accompanied by an official transcript. An official transcript contains the seal of the institution and the signature of the registrar.

(5) The course completion report must be typed or printed in ink and must be completely filled out by the institution, school or sponsor certifying successful course completion.

(6) The course completion reports shall contain the following information for the type of course being completed.

(a) Pre-licensing Course for Salesperson Associate.

Name of School

Address of School

Course Title: Course I

Start Date

Finish Date

Exam Date

Social Security Number

Student Name

Student Address

Authorized Signature for the School

(b) Pre-licensing Course for Broker.

Name of School

Address of School

Course Title: Course II

Start Date

Finish Date

Exam Date

Salesperson Associate License Number

Social Security Number

Student Name

Student Address

Authorized Signature for the School

(c) Broker and Salesperson Associate Continuing Education and Reactivation Education.

Name of School

Address of School

Course Title

Course Hours

Start Date

Finish Date

License Number

Student Name

Student Address

Authorized Signature for the School

(d) Post-licensing Education for Broker and Salesperson Associate.

Name of School

Address of School

Course Title

Course Hours

Start Date

Finish Date

License Number

Student Name

Student Address

Authorized Signature for the School

(e) Instructor Continuing Education.

Name of School

Address of School

Course Title

Course Hours

Start Date

Finish Date

Permit Number

Student Name

Student Address

Authorized Signature for the School

(f) Each course completion report shall contain the following information:

The student named in this report has completed the referenced course in accordance with the requirements of the Florida Real Estate Commission. The original course completion report is to be given to the student and a copy retained by the school.

Rulemaking Specific 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, 9-16-84, Formerly 21V-3.15, Amended 10-13-88, 12-29-91, 6-7-92, 6-28-93, Formerly 21V-3.015, Amended 9-11-94, 12-30-97, 1-18-00, 10-15-00,________.


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: January 16, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 2, 2009