The Florida Senate

475.045  Florida Real Estate Commission Education and Research Foundation; Foundation Advisory Committee.--

(1)(a)  There is established a Florida Real Estate Commission Education and Research Foundation, hereinafter referred to as the "foundation," which shall be administered by the Foundation Advisory Committee.

(b)  The purposes, objectives, and duties of the foundation are as follows:

1.  To create and promote educational projects to expand the knowledge of the public and real estate licensees in matters pertaining to Florida real estate.

2.  To augment the existing real estate programs by increasing the number of teaching personnel and real estate courses in the state in degree-granting programs in universities and colleges in this state.

3.  To conduct studies in all areas that relate directly or indirectly to real estate or urban or rural economics and to publish and disseminate the findings and results of the studies.

4.  To assist the teaching program in real estate offered by the universities, colleges, and real estate schools registered pursuant to this chapter in the state, when requested to do so.

5.  To develop and from time to time revise and update materials for use in the courses in real estate offered by the universities, colleges, and real estate schools registered pursuant to this chapter in the state, when requested to do so.

6.  To make studies of, and recommend changes in, state statutes and municipal ordinances; provided, however, that such studies are requested by the Governor or the presiding officers of the Legislature. The foundation shall maintain political nonadvocacy.

7.  To periodically review the progress of persons conducting such research and studies. The results of any research project or study shall not be published or disseminated until it has been reviewed and approved in writing by the advisory committee or its designated representative.

8.  To prepare information of consumer interest concerning Florida real estate and to make the information available to the public and appropriate state agencies.

(c)  The foundation may make a charge for its publications and may receive gifts and grants from foundations, individuals, and other sources for the benefit of the foundation.

(d)  A report of the activities and accomplishments of the foundation shall be published annually.

(e)  On or before January 1 of each year, the advisory committee shall file with the Governor, the presiding officer of each house of the Legislature, and the secretary of the department a complete and detailed written report accounting for all funds received and disbursed by the foundation during the preceding year.

(f)  The Auditor General shall audit the financial transactions of the foundation in each fiscal year.

(2)(a)  There is created the Foundation Advisory Committee which is composed of nine persons appointed by the Governor without regard to race, creed, sex, religion, or national origin of the appointee, with the following representation:

1.  Six active real estate licensees, one of whom may be a real estate salesperson. All licensees shall have been active real estate licensees for at least the past 5 years.

2.  Three members shall be representatives of the general public, and those appointed after October 1, 1988, shall possess qualifications in the fields of education, research, or consumer affairs which relate to the committee's education and research activities. Members representative of the general public shall not be licensed real estate brokers or salespersons and shall not have a financial interest, other than as consumers, in the practice of a licensed real estate broker or salesperson.

(b)1.  No current member of the Florida Real Estate Commission shall be eligible for appointment to the Foundation Advisory Committee.

2.  The chair of the Florida Real Estate Commission or a member of the commission designated by the chair shall serve as an ex officio nonvoting member of the advisory committee.

(c)1.  Except for the initial appointees, members of the advisory committee shall hold office for staggered terms of 4 years, with the terms of three members expiring on January 31 of each odd-numbered year. The current members may complete their present terms unless removed for cause.

2.  Any vacancy shall be filled by appointment for the unexpired portion of the term. Each member shall serve until the member's successor is qualified.

3.  Each member of the advisory committee is entitled to per diem and travel expenses as set by legislative appropriation for each day that the member engages in the business of the advisory committee.

(3)  It is grounds for removal from the advisory committee, if:

(a)  A broker or salesperson member of the committee ceases to be an active licensee; or

(b)  A public member of the committee acquires a real estate license or a financial interest in the practice of a licensed real estate broker or salesperson.

(4)(a)  The committee shall elect a chair annually from among its membership.

(b)  The committee shall meet not less than semiannually and, in addition, on call of its chair or on petition of any six of its members.

(c)  The advisory committee is subject to the sunshine law pursuant to s. 286.011.

(5)(a)  The advisory committee shall solicit advice and information from real estate licensees, the commission, universities, colleges, real estate schools registered pursuant to this chapter and the general public for the purpose of submitting proposals for carrying out the purposes, objectives, and duties of the foundation.

(b)  The advisory committee shall select the proposals that shall be funded and shall give priority to projects with the greatest potential for direct or indirect benefit to the public.

(c)  The advisory committee shall select the university or college within the state or qualified full-time faculty member of a university or college within the state with the consent of the institution to perform the education study, research study, or other project in accordance with the purposes, objectives, and duties of the foundation. In those instances where no university or college within the state, or qualified full-time faculty member of a university or college within the state with the consent of the institution, submits an acceptable proposal, a qualified person or persons may be selected in accordance with law to perform the education study, research study, or other project in accordance with the purposes, objectives, and duties of the foundation.

(6)(a)  The director of the Division of Real Estate of the department, hereinafter referred to as the "director," or her or his designated representative shall submit to the advisory committee, in advance of each fiscal year, a budget for expenditures of all funds provided for the foundation in a form that is related to the proposed schedule of activities for the review and approval of the advisory committee.

(b)  The director shall submit to the advisory committee all proposals received for its review and approval in developing an educational and research agenda at the beginning of each fiscal year and shall continuously inform the advisory committee of changes in its substance and scheduling.

(7)  The advisory committee shall have the power and authority to adopt all rules necessary to administer this section.

(8)  Neither the foundation nor the committee shall be permitted to fund or offer educational courses designed to qualify persons for licensure or the renewal of licenses pursuant to this chapter.

(9)  Neither the foundation nor the committee shall expend any funds for the purpose of employing staff.

(10)  The Treasurer shall invest $3 million from the portion of the Professional Regulation Trust Fund credited to the real estate profession, under the same limitations as applied to investments of other state funds, and the income earned thereon shall be available to the foundation to fund the activities and projects authorized under this section. However, any balance of such interest in excess of $1 million shall revert to the portion of the Professional Regulation Trust Fund credited to the real estate profession. In the event the foundation is abolished, the funds in the trust fund shall revert to such portion of the Professional Regulation Trust Fund.

History.--ss. 1, 2, ch. 85-199; ss. 5, 29, 31, ch. 88-20; s. 12, ch. 90-228; s. 12, ch. 90-341; s. 15, ch. 90-345; s. 10, ch. 91-89; s. 3, ch. 91-289; s. 5, ch. 91-429; s. 5, ch. 93-261; s. 161, ch. 94-218; s. 65, ch. 95-144; s. 42, ch. 96-418; s. 1118, ch. 97-103.