23132868, 61J2ER20-3 - Florida Administrative Rules, Law, Code, Register

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Notice: 23132868

Notice of Emergency Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Florida Real Estate Commission

Overview

RULE:

61J2ER20-3

Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Florida Real Estate Commission (“FREC”) is statutorily mandated to require specified Prelicensure, Post-Licensure, and Continuing Education (“CE”) courses as prerequisites to initial licensure and licensure renewal of Real Estate Sales Agents, Real Estate Brokers, and Real Estate School Instructors.  Pursuant to this authority, the FREC has promulgated rules setting forth the requirements for approval of Prelicensure, Post-Licensure, and CE courses.  The rules establish different minimum criteria for in-person vs. online or distance learning courses; and courses are submitted by providers and approved/authorized by the FREC as either in-person or online/distance.   If a course is approved as in-person, it cannot be offered via online or distance learning methods.
On March 1, 2020, Florida Governor Ron DeSantis issued Executive Order Number 20-51 which directed the State Health Officer and Surgeon General, Dr. Scott Rivkees, to declare a public health emergency pursuant to the spread of the Novel Coronavirus Disease 2019 (COVID-19). On March 9, 2020, Governor DeSantis issued Executive Order Number 20-52 (Emergency Management - COVID-19 Public Health Emergency) and officially declared that a state of emergency exists in the State of Florida. On April 1, 2020, Governor DeSantis issued Executive Order Number 20-91 (Essential Services and Activities During COVID-19 Emergency), which directed all persons within the State to remain at home unless engaged in the provision of essential services or engaged in essential activities.  COVID-19 is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influenza. As of April 1, 2020, there are over 6,693 confirmed cases of COVID-19 in the State of Florida. The Center for Disease Control (“CDC”) recommends mitigation measures to combat the spread of COVID-19 such as staying home when sick, keeping away from others who are sick, staying home when a household member is sick with respiratory disease symptoms, and for those who are at higher risk, including older adults and those who have serious chronic medical conditions, to avoid non-essential travel and to avoid crowds as much as possible. In fact, as of March 16, 2020, the CDC has recommended the cancellation of any event that would be attended by ten (10) or more people.
Since the issuance of the Executive Orders and declaration of a public health emergency by the State Health Officer and Surgeon General Dr. Rivkees, the FREC office and staff have been inundated with calls and emails from licensees and education providers concerned about the dangers of travel related to COVID-19 and attending in-person educational courses. Many have suggested that live video streaming/videoconferencing technologies, such as Zoom®, GoToMeeting®, or WebEx®, among others, could be used as an alternative method of delivery of the course, and which would satisfy the purpose and intent of the FREC’s approval of in-person courses without exposure to the dangers of being in large groups of people, necessity of travel itself, potential contribution to the spread of the virus, and most importantly, would ensure compliance with the State Health Officer’s Orders, CDC Recommendations, and Governor DeSantis’s Emergency Orders. 
Florida’s Real Estate Professionals, and those who come in contact with them, should not be unnecessarily put at risk during this healthcare emergency. Accordingly, the FREC, by emergency rule, will waive the requirement that those educational courses previously approved by the FREC as live or in-person must in fact be presented “in-person,” and authorizes any such course previously approved to be delivered by live-streaming/videoconferencing technologies, that allow the instructor or monitor to observe each student. The Board finds that this action is a measured regulatory approach that helps to mitigate the threat of exposure to COVID-19 to Floridians, including Real Estate professionals and those that come in contact with them, while still satisfying the purpose and intent of the waived requirements.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Given the recently declared emergency in the State of Florida; Emergency Order 20-91; the recent guidance from the CDC;, the fact that the 2018-2020 biennial renewal for licensure ended March 31, 2020 but was extended to April 30, 2020 by Emergency Order of the Secretary of the Department of Business and Professional Regulation; and that many Real Estate professionals will be required to attend in-person continuing education courses/seminars to fulfill initial licensure or renewal requirements, the FREC finds that an immediate danger to the public health, safety, or welfare necessitates immediate action regarding this issue. Notice of this meeting was published in the Florida Administrative Register in Volume 46, No. 61, on March 27, 2020. In addition, notice of the FREC’s meeting was posted on the FREC’s official website.

SUMMARY:

The proposed emergency rule authorizes Prelicensure, Post-Licensure, Continuing Education, and School Instructor education courses previously approved by the FREC to be delivered live and in-person to be delivered via live streaming / videoconferencing technologies for the ninety-day effective period of the emergency rule.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Robin Rogers, Executive Director, Florida Real Estate Commission, Zora Neale Hurston Building, North Tower, Suite N901, 400 West Robinson Street, Orlando, Florida 32801.

PRINT PUBLISH DATE:

4/13/2020 Vol. 46/72

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=61J2ER20-3&PDate=4/13/2020&Section=4

REFERENCE MATERIALS:

No reference(s).

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