House Bill hb0499

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    Florida House of Representatives - 2002                 HB 499

        By Representative Mahon






  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; providing an effective

19         date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Paragraph (a) of subsection (2), paragraphs

24  (a) and (b) of subsection (3), paragraphs (a) and (b) of

25  subsection (4), and paragraph (c) of subsection (5) of section

26  475.17, Florida Statutes, are amended to read:

27         475.17  Qualifications for practice.--

28         (2)(a)1.  In addition to other requirements under this

29  part, the commission may require the satisfactory completion

30  of one or more of the educational courses or equivalent

31  courses conducted, offered, sponsored, prescribed, or approved

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  1  pursuant to s. 475.04, taken at an accredited college,

  2  university, or community college, at an area technical center,

  3  or at a registered real estate school, as a condition

  4  precedent for any person to become licensed or to renew her or

  5  his license as a broker, broker-salesperson, or salesperson.

  6  The course or courses required for one to become initially

  7  licensed shall not exceed a total of 63 classroom hours of 50

  8  minutes each, inclusive of examination, for a salesperson and

  9  72 classroom hours of 50 minutes each, inclusive of

10  examination, for a broker. The satisfactory completion of an

11  examination administered by the accredited college,

12  university, or community college, by the area technical

13  center, or by the registered real estate school shall be the

14  basis for determining satisfactory completion of the course.

15  However, notice of satisfactory completion shall not be issued

16  if the student has absences in excess of 8 classroom hours.

17         2.  Such required course or courses must also be made

18  available by distance learning.  A distance learning course

19  must be provided by an accredited college, university, or

20  community college, by an area technical center, by a

21  registered real estate school, or by a commission-approved

22  sponsor and must be approved by the commission prior to being

23  made available.  Satisfactory completion of a distance

24  learning course requires the satisfactory completion of a

25  timed distance learning course examination.

26         3.  Such required course or courses must be made

27  available by correspondence or other suitable means to any

28  person who, by reason of hardship, as defined by rule, cannot

29  attend the place or places where the course or courses are is

30  regularly conducted or does not have access to the distance

31  learning course or courses.

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  1         (3)(a)  The commission may prescribe a postlicensure

  2  education requirement in order for a person to maintain a

  3  valid salesperson's license, which shall not exceed 45

  4  classroom hours of 50 minutes each, inclusive of examination,

  5  prior to the first renewal following initial licensure.  If

  6  prescribed, this shall consist of one or more

  7  commission-approved courses which total at least 45 classroom

  8  hours on one or more subjects which include, but are not

  9  limited to, property management, appraisal, real estate

10  finance, or the economics of real estate management. Required

11  postlicensure education courses must be provided by taken at

12  an accredited college, university, or community college, by an

13  area technical center, by or at a registered real estate

14  school, or given by a commission-approved sponsor.

15         (b)  Satisfactory completion of the postlicensure

16  education requirement is demonstrated by successfully meeting

17  all standards established for the commission-prescribed or

18  commission-approved institution, or school.  However, notice

19  of satisfactory completion shall not be issued if the student

20  has absences in excess of 10 percent of the required classroom

21  hours or has not satisfactorily completed a timed distance

22  learning course examination.

23         (4)(a)  The commission may prescribe a postlicensure

24  education requirement in order for a person to maintain a

25  valid broker's license, which shall not exceed 60 classroom

26  hours of 50 minutes each, inclusive of examination, prior to

27  the first renewal following initial licensure.  If prescribed,

28  this shall consist of one or more commission-approved courses

29  which total at least 60 classroom hours on one or more

30  subjects which include, but are not limited to, advanced

31  appraisal, advanced property management, real estate

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    Florida House of Representatives - 2002                 HB 499

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  1  marketing, business law, advanced real estate investment

  2  analyses, advanced legal aspects, general accounting, real

  3  estate economics, syndications, commercial brokerage,

  4  feasibility analyses, advanced real estate finance,

  5  residential brokerage, or real estate brokerage office

  6  operations. Required postlicensure education courses must be

  7  provided by taken at an accredited college, university, or

  8  community college, by an area technical center, by or at a

  9  registered real estate school, or be given by a

10  commission-approved sponsor.

11         (b)  Satisfactory completion of the postlicensure

12  education requirement is demonstrated by successfully meeting

13  all standards established for the commission-prescribed or

14  commission-approved institution or school.  However, notice of

15  satisfactory completion shall not be issued if the student has

16  absences in excess of 10 percent of the required classroom

17  hours or has not satisfactorily completed a timed distance

18  learning course examination.

19         (5)

20         (c)1.  Postlicensure education courses must also be

21  made available by distance learning.  A distance learning

22  course must be provided by an accredited college, university,

23  or community college, by an area technical center, by a

24  registered real estate school, or by a commission-approved

25  sponsor and must be approved by the commission prior to being

26  made available.  Satisfactory completion of a distance

27  learning course requires the satisfactory completion of a

28  timed distance learning course examination.

29         2.  The commission shall provide for postlicensure

30  education courses to be made available by correspondence or

31  other suitable means to any person who, by reason of hardship,

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  1  as defined by rule, cannot attend the place or places where

  2  courses are regularly conducted or does not have access to the

  3  distance learning courses.

  4         Section 2.  Subsection (1) of section 475.182, Florida

  5  Statutes, is amended to read:

  6         475.182  Renewal of license; continuing education.--

  7         (1)  The department shall renew a license upon receipt

  8  of the renewal application and fee. The renewal application

  9  for an active license as broker, broker-salesperson, or

10  salesperson shall include proof satisfactory to the commission

11  that the licensee has, since the issuance or renewal of her or

12  his current license, satisfactorily completed at least 14

13  classroom hours of 50 minutes each of a continuing education

14  course during each biennium, as prescribed by the commission.

15  The commission may accept as a substitute for such continuing

16  education course, on a classroom-hour-for-classroom-hour

17  basis, any satisfactorily completed education course that the

18  commission finds is adequate to educate licensees within the

19  intent of this section, including an approved distance

20  learning course. However, the commission may not require, for

21  the purpose of satisfactorily completing an approved

22  correspondence course, a written examination that is to be

23  taken at a centralized location and is to be monitored.

24         Section 3.  Subsections (5) and (6) of section 475.451,

25  Florida Statutes, are amended to read:

26         475.451  Schools teaching real estate practice.--

27         (5)  The location of classes and frequency of class

28  meetings and the provision of distance learning courses shall

29  be in the discretion of the school offering real estate

30  courses, so long as such courses conform to s. 475.17(2).

31

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  1         (6)  Any course prescribed by the commission as a

  2  condition precedent to any person's becoming initially

  3  licensed as a salesperson may be taught in any real estate

  4  school through the use of a video tape of instruction by a

  5  currently permitted instructor from any such school or may be

  6  taught by distance learning pursuant to s. 475.17(2).  The

  7  commission may require that any such video tape course have a

  8  single session of live instruction by a currently permitted

  9  instructor from any such school; however, this requirement

10  shall not exceed 3 classroom hours.  All other prescribed

11  courses, except the continuing education course required by s.

12  475.182, shall be taught by a currently permitted school

13  instructor personally in attendance at such course or by

14  distance learning pursuant to s. 475.17.  The continuing

15  education course required by s. 475.182 may be taught by

16  distance learning pursuant to s. 475.17 or by an equivalent

17  correspondence course; however, any such course of

18  correspondence course shall be required to have a final

19  examination, prepared and administered by the school issuing

20  the correspondence course. The continuing education

21  requirements provided in this section or provided in any other

22  section in this chapter do not apply with respect to any

23  attorney who is otherwise qualified under the provisions of

24  this chapter.

25         Section 4.  Section 475.05, Florida Statutes, is

26  reenacted to read:

27         475.05  Power of commission to enact bylaws and rules

28  and decide questions of practice.--The commission may enact

29  bylaws for its own government and adopt rules pursuant to ss.

30  120.536(1) and 120.54 to implement the provisions of law

31  conferring powers or duties upon it.  The commission may

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    Florida House of Representatives - 2002                 HB 499

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  1  decide questions of practice arising in the proceedings before

  2  it, having regard to this chapter and the rules then in force.

  3  Printed copies of rules, or written copies under the seal of

  4  the commission, shall be prima facie evidence of their

  5  existence and substance, and the courts shall judicially

  6  notice such rules.

  7         Section 5.  This act shall take effect July 1, 2002.

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10                          HOUSE SUMMARY

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      Requires educational courses that are prerequisites to
12    licensure as a real estate broker, broker-salesperson, or
      salesperson or the maintenance or renewal of such
13    licensure to be made available by means of distance
      learning, and provides requirements for the provision and
14    satisfactory completion of such distance learning
      courses.  Provides the Florida Real Estate Commission
15    rulemaking authority with respect to implementation of
      the distance learning courses required by the act.  See
16    bill for details.

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