| 1 | A bill to be entitled |
| 2 | An act relating to real estate schools; amending s. |
| 3 | 475.02, F.S.; conforming a provision; amending s. |
| 4 | 475.451, F.S.; removing provisions relating to |
| 5 | applying for a permit to be a chief administrator of a |
| 6 | proprietary real estate school or a state institution; |
| 7 | providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (3) of section 475.02, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 475.02 Florida Real Estate Commission.- |
| 14 | (3) Notwithstanding s. 112.313, any member of the |
| 15 | commission who is a licensed real estate broker or sales |
| 16 | associate and who holds an active real estate school permit, |
| 17 | chief administrator permit, school instructor permit, or any |
| 18 | combination of such permits issued by the department, to the |
| 19 | extent authorized pursuant to such permit, may offer, conduct, |
| 20 | or teach any course prescribed or approved by the commission or |
| 21 | the department. |
| 22 | Section 2. Subsection (2) of section 475.451, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 475.451 Schools teaching real estate practice.- |
| 25 | (2) An applicant for a permit to operate a proprietary |
| 26 | real estate school, to be a chief administrator of a proprietary |
| 27 | real estate school or a state institution, or to be an |
| 28 | instructor for a proprietary real estate school or a state |
| 29 | institution must meet the qualifications for practice set forth |
| 30 | in s. 475.17(1) and the following minimal requirements: |
| 31 | (a) "School permitholder" means the individual who is |
| 32 | responsible for directing the overall operation of a proprietary |
| 33 | real estate school. A school permitholder must be the holder of |
| 34 | a license as a broker, either active or voluntarily inactive, or |
| 35 | must have passed an instructor's examination approved by the |
| 36 | commission. A school permitholder must also meet the |
| 37 | requirements of a school instructor if actively engaged in |
| 38 | teaching. |
| 39 | (b) "Chief administrative person" means the individual who |
| 40 | is responsible for the administration of the overall policies |
| 41 | and practices of the institution or proprietary real estate |
| 42 | school. A chief administrative person must also meet the |
| 43 | requirements of a school instructor if actively engaged in |
| 44 | teaching. |
| 45 | (b)(c) "School instructor" means an individual who |
| 46 | instructs persons in the classroom in noncredit college courses |
| 47 | in a college, university, or community college or courses in a |
| 48 | career center or proprietary real estate school. |
| 49 | 1. Before commencing to provide such instruction, the |
| 50 | applicant must certify the applicant's competency and obtain an |
| 51 | instructor permit by meeting one of the following requirements: |
| 52 | a. Hold a bachelor's degree in a business-related subject, |
| 53 | such as real estate, finance, accounting, business |
| 54 | administration, or its equivalent and hold a valid broker's |
| 55 | license in this state. |
| 56 | b. Hold a bachelor's degree, have extensive real estate |
| 57 | experience, as defined by rule, and hold a valid broker's |
| 58 | license in this state. |
| 59 | c. Pass an instructor's examination approved by the |
| 60 | commission. |
| 61 | 2. Any requirement by the commission for a teaching |
| 62 | demonstration or practical examination must apply to all school |
| 63 | instructor applicants. |
| 64 | 3. The department shall renew an instructor permit upon |
| 65 | receipt of a renewal application and fee. The renewal |
| 66 | application shall include proof that the permitholder has, since |
| 67 | the issuance or renewal of the current permit, successfully |
| 68 | completed a minimum of 7 classroom hours of instruction in real |
| 69 | estate subjects or instructional techniques, as prescribed by |
| 70 | the commission. The commission shall adopt rules providing for |
| 71 | the renewal of instructor permits at least every 2 years. Any |
| 72 | permit which is not renewed at the end of the permit period |
| 73 | established by the department shall automatically revert to |
| 74 | involuntarily inactive status. |
| 75 |
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| 76 | The department may require an applicant to submit names of |
| 77 | persons having knowledge concerning the applicant and the |
| 78 | enterprise; may propound interrogatories to such persons and to |
| 79 | the applicant concerning the character of the applicant, |
| 80 | including the taking of fingerprints for processing through the |
| 81 | Federal Bureau of Investigation; and shall make such |
| 82 | investigation of the applicant or the school or institution as |
| 83 | it may deem necessary to the granting of the permit. If an |
| 84 | objection is filed, it shall be considered in the same manner as |
| 85 | objections or administrative complaints against other applicants |
| 86 | for licensure by the department. |
| 87 | Section 3. This act shall take effect upon becoming a law. |