House Bill hb0499c1
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Florida House of Representatives - 2002 CS/HB 499
By the Council for Smarter Government and Representatives
Mahon, Melvin and Cantens
1 A bill to be entitled
2 An act relating to real estate professionals;
3 amending s. 475.17, F.S.; requiring educational
4 courses that are prerequisites to licensure as
5 a broker, broker-salesperson, or salesperson or
6 the maintenance or renewal of such licensure to
7 be made available by means of distance
8 learning; providing requirements for the
9 provision and satisfactory completion of such
10 distance learning courses; amending s. 475.182,
11 F.S., relating to continuing education
12 requirements, to conform; amending s. 475.451,
13 F.S., relating to schools teaching real estate
14 practice, to conform; reenacting s. 475.05,
15 F.S., to provide the Florida Real Estate
16 Commission rulemaking authority with respect to
17 implementation of the distance learning courses
18 required by this act; amending s. 475.618,
19 F.S., relating to real estate appraisers;
20 requiring distance learning to be made
21 available for continuing education courses;
22 placing restrictions on examination
23 requirements; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Paragraph (a) of subsection (2), paragraphs
28 (a) and (b) of subsection (3), paragraphs (a) and (b) of
29 subsection (4), and paragraph (c) of subsection (5) of section
30 475.17, Florida Statutes, are amended to read:
31 475.17 Qualifications for practice.--
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1 (2)(a)1. In addition to other requirements under this
2 part, the commission may require the satisfactory completion
3 of one or more of the educational courses or equivalent
4 courses conducted, offered, sponsored, prescribed, or approved
5 pursuant to s. 475.04, taken at an accredited college,
6 university, or community college, at an area technical center,
7 or at a registered real estate school, as a condition
8 precedent for any person to become licensed or to renew her or
9 his license as a broker, broker-salesperson, or salesperson.
10 The course or courses required for one to become initially
11 licensed shall not exceed a total of 63 classroom hours of 50
12 minutes each, inclusive of examination, for a salesperson and
13 72 classroom hours of 50 minutes each, inclusive of
14 examination, for a broker. The satisfactory completion of an
15 examination administered by the accredited college,
16 university, or community college, by the area technical
17 center, or by the registered real estate school shall be the
18 basis for determining satisfactory completion of the course.
19 However, notice of satisfactory completion shall not be issued
20 if the student has absences in excess of 8 classroom hours.
21 2. A distance learning course or courses shall be
22 approved by the commission as an option to classroom hours as
23 satisfactory completion of the course or courses as required
24 by this section. The schools authorized by this section have
25 the option of providing classroom courses, distance learning
26 courses, or both. However, satisfactory completion of a
27 distance learning course requires the satisfactory completion
28 of a timed distance learning course examination. Such
29 examination shall not be required to be monitored or given at
30 a centralized location.
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Florida House of Representatives - 2002 CS/HB 499
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1 3. Such required course or courses must be made
2 available by correspondence or other suitable means to any
3 person who, by reason of hardship, as defined by rule, cannot
4 attend the place or places where the course or courses are is
5 regularly conducted or does not have access to the distance
6 learning course or courses.
7 (3)(a) The commission may prescribe a postlicensure
8 education requirement in order for a person to maintain a
9 valid salesperson's license, which shall not exceed 45
10 classroom hours of 50 minutes each, inclusive of examination,
11 prior to the first renewal following initial licensure. If
12 prescribed, this shall consist of one or more
13 commission-approved courses which total at least 45 classroom
14 hours on one or more subjects which include, but are not
15 limited to, property management, appraisal, real estate
16 finance, or the economics of real estate management. Required
17 postlicensure education courses must be provided by taken at
18 an accredited college, university, or community college, by an
19 area technical center, by or at a registered real estate
20 school, or given by a commission-approved sponsor.
21 (b) Satisfactory completion of the postlicensure
22 education requirement is demonstrated by successfully meeting
23 all standards established for the commission-prescribed or
24 commission-approved institution, or school. However, notice
25 of satisfactory completion shall not be issued if the student
26 has absences in excess of 10 percent of the required classroom
27 hours or has not satisfactorily completed a timed distance
28 learning course examination.
29 (4)(a) The commission may prescribe a postlicensure
30 education requirement in order for a person to maintain a
31 valid broker's license, which shall not exceed 60 classroom
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Florida House of Representatives - 2002 CS/HB 499
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1 hours of 50 minutes each, inclusive of examination, prior to
2 the first renewal following initial licensure. If prescribed,
3 this shall consist of one or more commission-approved courses
4 which total at least 60 classroom hours on one or more
5 subjects which include, but are not limited to, advanced
6 appraisal, advanced property management, real estate
7 marketing, business law, advanced real estate investment
8 analyses, advanced legal aspects, general accounting, real
9 estate economics, syndications, commercial brokerage,
10 feasibility analyses, advanced real estate finance,
11 residential brokerage, or real estate brokerage office
12 operations. Required postlicensure education courses must be
13 provided by taken at an accredited college, university, or
14 community college, by an area technical center, by or at a
15 registered real estate school, or be given by a
16 commission-approved sponsor.
17 (b) Satisfactory completion of the postlicensure
18 education requirement is demonstrated by successfully meeting
19 all standards established for the commission-prescribed or
20 commission-approved institution or school. However, notice of
21 satisfactory completion shall not be issued if the student has
22 absences in excess of 10 percent of the required classroom
23 hours or has not satisfactorily completed a timed distance
24 learning course examination.
25 (5)
26 (c)1. A distance learning course or courses shall be
27 approved by the commission as an option to classroom hours as
28 satisfactory completion of the postlicensure education course
29 or courses as required by this section. The schools or
30 sponsors authorized by this section have the option of
31 providing classroom courses, distance learning courses, or
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Florida House of Representatives - 2002 CS/HB 499
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1 both. However, satisfactory completion of a distance learning
2 postlicensure education course or courses requires the
3 satisfactory completion of a timed distance learning course
4 examination. Such examination shall not be required to be
5 monitored or given at a centralized location.
6 2. The commission shall provide for postlicensure
7 education courses to be made available by correspondence or
8 other suitable means to any person who, by reason of hardship,
9 as defined by rule, cannot attend the place or places where
10 courses are regularly conducted or does not have access to the
11 distance learning courses.
12 Section 2. Subsection (1) of section 475.182, Florida
13 Statutes, is amended to read:
14 475.182 Renewal of license; continuing education.--
15 (1) The department shall renew a license upon receipt
16 of the renewal application and fee. The renewal application
17 for an active license as broker, broker-salesperson, or
18 salesperson shall include proof satisfactory to the commission
19 that the licensee has, since the issuance or renewal of her or
20 his current license, satisfactorily completed at least 14
21 classroom hours of 50 minutes each of a continuing education
22 course during each biennium, as prescribed by the commission.
23 The commission may accept as a substitute for such continuing
24 education course, on a classroom-hour-for-classroom-hour
25 basis, any satisfactorily completed education course that the
26 commission finds is adequate to educate licensees within the
27 intent of this section, including an approved distance
28 learning course. However, the commission may not require, for
29 the purpose of satisfactorily completing an approved
30 correspondence or distance learning course, a written
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1 examination that is to be taken at a centralized location and
2 is to be monitored.
3 Section 3. Subsections (5) and (6) of section 475.451,
4 Florida Statutes, are amended to read:
5 475.451 Schools teaching real estate practice.--
6 (5) The location of classes and frequency of class
7 meetings and the provision of distance learning courses shall
8 be in the discretion of the school offering real estate
9 courses, so long as such courses conform to s. 475.17(2).
10 (6) Any course prescribed by the commission as a
11 condition precedent to any person's becoming initially
12 licensed as a salesperson may be taught in any real estate
13 school through the use of a video tape of instruction by a
14 currently permitted instructor from any such school or may be
15 taught by distance learning pursuant to s. 475.17(2). The
16 commission may require that any such video tape course have a
17 single session of live instruction by a currently permitted
18 instructor from any such school; however, this requirement
19 shall not exceed 3 classroom hours. All other prescribed
20 courses, except the continuing education course required by s.
21 475.182, shall be taught by a currently permitted school
22 instructor personally in attendance at such course or by
23 distance learning pursuant to s. 475.17. The continuing
24 education course required by s. 475.182 may be taught by
25 distance learning pursuant to s. 475.17 or by an equivalent
26 correspondence course; however, any such course of
27 correspondence course shall be required to have a final
28 examination, prepared and administered by the school issuing
29 the correspondence course. The continuing education
30 requirements provided in this section or provided in any other
31 section in this chapter do not apply with respect to any
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1 attorney who is otherwise qualified under the provisions of
2 this chapter.
3 Section 4. Section 475.05, Florida Statutes, is
4 reenacted to read:
5 475.05 Power of commission to enact bylaws and rules
6 and decide questions of practice.--The commission may enact
7 bylaws for its own government and adopt rules pursuant to ss.
8 120.536(1) and 120.54 to implement the provisions of law
9 conferring powers or duties upon it. The commission may
10 decide questions of practice arising in the proceedings before
11 it, having regard to this chapter and the rules then in force.
12 Printed copies of rules, or written copies under the seal of
13 the commission, shall be prima facie evidence of their
14 existence and substance, and the courts shall judicially
15 notice such rules.
16 Section 5. Subsection (1) of section 475.618, Florida
17 Statutes, is amended to read:
18 475.618 Renewal of registration, license,
19 certification, or instructor permit; continuing education.--
20 (1) The department shall renew a registration,
21 license, certification, or instructor permit upon receipt of
22 the renewal application and proper fee. Such application
23 shall include proof satisfactory to the board that the
24 individual has satisfactorily completed any continuing
25 education that has been prescribed by the board. A distance
26 learning course or courses shall be approved by the board as
27 an option to classroom hours as satisfactory completion of the
28 course or courses as required by this section. The schools
29 authorized by this section have the option of providing
30 classroom courses, distance learning courses, or both.
31 However, satisfactory completion of a distance learning course
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Florida House of Representatives - 2002 CS/HB 499
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1 requires the satisfactory completion of a timed distance
2 learning course examination. Such examination shall not be
3 required to be monitored or given at a centralized location.
4 Section 6. This act shall take effect July 1, 2002.
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