CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for SB 664

    Amendment No. ___   Barcode 494384

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senator Constantine moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, line 21, through

15            page 8, line 4, delete those lines

16

17  and insert:

18         2.  The commission may approve a distance-learning

19  course or courses as an option to classroom hours as

20  satisfactory completion of the course or courses as required

21  by this section. The schools authorized by this section have

22  the option of providing either classroom courses or

23  distance-learning courses or both. However, satisfactory

24  completion of a distance-learning course requires the

25  satisfactory completion of a timed distance-learning-course

26  examination.

27         3.  Such required course or courses must be made

28  available by correspondence or other suitable means to any

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

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

31  regularly conducted or does not have access to the

                                  1
    9:59 AM   02/18/02                              s0664c1c-09j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 664

    Amendment No. ___   Barcode 494384





  1  distance-learning course or courses.

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

  3  education requirement in order for a person to maintain a

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

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

  6  prior to the first renewal following initial licensure.  If

  7  prescribed, this shall consist of one or more

  8  commission-approved courses which total at least 45 classroom

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

10  limited to, property management, appraisal, real estate

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

12  postlicensure education courses must be provided by taken at

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

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

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

16         (b)  Satisfactory completion of the postlicensure

17  education requirement is demonstrated by successfully meeting

18  all standards established for the commission-prescribed or

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

20  of satisfactory completion shall not be issued if the student

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

22  hours or has not satisfactorily completed a timed

23  distance-learning-course examination.

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

25  education requirement in order for a person to maintain a

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

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

28  the first renewal following initial licensure.  If prescribed,

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

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

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

                                  2
    9:59 AM   02/18/02                              s0664c1c-09j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 664

    Amendment No. ___   Barcode 494384





  1  appraisal, advanced property management, real estate

  2  marketing, business law, advanced real estate investment

  3  analyses, advanced legal aspects, general accounting, real

  4  estate economics, syndications, commercial brokerage,

  5  feasibility analyses, advanced real estate finance,

  6  residential brokerage, or real estate brokerage office

  7  operations. Required postlicensure education courses must be

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

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

10  registered real estate school, or be given by a

11  commission-approved sponsor.

12         (b)  Satisfactory completion of the postlicensure

13  education requirement is demonstrated by successfully meeting

14  all standards established for the commission-prescribed or

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

16  satisfactory completion shall not be issued if the student has

17  absences in excess of 10 percent of the required classroom

18  hours or has not satisfactorily completed a timed

19  distance-learning-course examination.

20         (5)

21         (c)1.  The commission may approve a distance-learning

22  course or courses as an option to classroom hours as

23  satisfactory completion of the course or courses as required

24  by postlicensure education courses. The schools or sponsors

25  authorized by this section have the option of providing either

26  classroom courses or distance-learning courses or both.

27  However, satisfactory completion of a distance-learning

28  postlicensure education course or courses requires the

29  satisfactory completion of a timed distance-learning-course

30  examination.

31         2.  The commission shall provide for postlicensure

                                  3
    9:59 AM   02/18/02                              s0664c1c-09j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 664

    Amendment No. ___   Barcode 494384





  1  education courses to be made available by correspondence or

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

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

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

  5  distance-learning courses.

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

  7  Statutes, is amended to read:

  8         475.182  Renewal of license; continuing education.--

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

10  of the renewal application and fee. The renewal application

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

12  salesperson shall include proof satisfactory to the commission

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

14  his current license, satisfactorily completed at least 14

15  classroom hours of 50 minutes each of a continuing education

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

17  The commission may accept as a substitute for such continuing

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

19  basis, any satisfactorily completed education course that the

20  commission finds is adequate to educate licensees within the

21  intent of this section, including an approved

22  distance-learning course. However, the commission may not

23  require, for the purpose of satisfactorily completing an

24  approved correspondence course, a written examination that is

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

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

27  Florida Statutes, are amended to read:

28         475.451  Schools teaching real estate practice.--

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

30  meetings and the provision of distance-learning courses shall

31  be in the discretion of the school offering real estate

                                  4
    9:59 AM   02/18/02                              s0664c1c-09j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 664

    Amendment No. ___   Barcode 494384





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

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

  3  condition precedent to any person's becoming initially

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

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

  6  currently permitted instructor from any such school or may be

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

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

  9  single session of live instruction by a currently permitted

10  instructor from any such school; however, this requirement

11  shall not exceed 3 classroom hours.  All other prescribed

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

13  475.182, shall be taught by a currently permitted school

14  instructor personally in attendance at such course or by

15  distance learning pursuant to s. 475.17.  The continuing

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

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

18  correspondence course; however, any such course of

19  correspondence course shall be required to have a final

20  examination, prepared and administered by the school issuing

21  the correspondence course. The continuing education

22  requirements provided in this section or provided in any other

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

24  attorney who is otherwise qualified under the provisions of

25  this chapter.

26         Section 4.  Section 475.05, Florida Statutes, is

27  reenacted to read:

28         475.05  Power of commission to enact bylaws and rules

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

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

31  120.536(1) and 120.54 to implement the provisions of law

                                  5
    9:59 AM   02/18/02                              s0664c1c-09j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 664

    Amendment No. ___   Barcode 494384





  1  conferring powers or duties upon it.  The commission may

  2  decide questions of practice arising in the proceedings before

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

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

  5  the commission, shall be prima facie evidence of their

  6  existence and substance, and the courts shall judicially

  7  notice such rules.

  8         Section 5.  Subsection (1) of section 475.618, Florida

  9  Statutes, is amended to read:

10         475.618  Renewal of registration, license,

11  certification, or instructor permit; continuing education.--

12         (1)  The department shall renew a registration,

13  license, certification, or instructor permit upon receipt of

14  the renewal application and proper fee.  Such application

15  shall include proof satisfactory to the board that the

16  individual has satisfactorily completed any continuing

17  education that has been prescribed by the board. The board may

18  approve a distance-learning course or courses as an option to

19  classroom hours as satisfactory completion of the course or

20  courses as required by this section. The schools authorized by

21  this section have the option of providing either classroom

22  courses or distance-learning courses or both. However,

23  satisfactory completion of a distance-learning course requires

24  the satisfactory completion of a timed

25  distance-learning-course examination.

26

27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page 1, lines 3-23, delete those lines

31

                                  6
    9:59 AM   02/18/02                              s0664c1c-09j01




                                                  SENATE AMENDMENT

    Bill No. CS for SB 664

    Amendment No. ___   Barcode 494384





  1  and insert:

  2         amending s. 475.17, F.S.; authorizing

  3         educational courses that are prerequisites to

  4         licensure as a broker, broker-salesperson, or

  5         salesperson or the maintenance or renewal of

  6         such licensure to be made available by means of

  7         distance learning; providing requirements for

  8         the provision and satisfactory completion of

  9         such distance-learning courses; amending s.

10         475.182, F.S., relating to continuing education

11         requirements, to conform; amending s. 475.451,

12         F.S., relating to schools teaching real estate

13         practice, to conform; reenacting s. 475.05,

14         F.S., to provide the Florida Real Estate

15         Commission rulemaking authority with respect to

16         implementation of the distance-learning courses

17         required by this act; amending s. 475.618,

18         F.S., relating to real estate appraisers;

19         authorizing distance learning to be made

20         available for continuing education courses;

21         providing an effective date.

22

23

24

25

26

27

28

29

30

31

                                  7
    9:59 AM   02/18/02                              s0664c1c-09j01