HB 4043

1
A bill to be entitled
2An act relating to real estate schools; amending s.
3475.02, F.S.; conforming a provision; amending s.
4475.451, F.S.; removing provisions relating to
5applying for a permit to be a chief administrator of a
6proprietary real estate school or a state institution;
7providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (3) of section 475.02, Florida
12Statutes, is amended to read:
13     475.02  Florida Real Estate Commission.-
14     (3)  Notwithstanding s. 112.313, any member of the
15commission who is a licensed real estate broker or sales
16associate and who holds an active real estate school permit,
17chief administrator permit, school instructor permit, or any
18combination of such permits issued by the department, to the
19extent authorized pursuant to such permit, may offer, conduct,
20or teach any course prescribed or approved by the commission or
21the department.
22     Section 2.  Subsection (2) of section 475.451, Florida
23Statutes, is amended to read:
24     475.451  Schools teaching real estate practice.-
25     (2)  An applicant for a permit to operate a proprietary
26real estate school, to be a chief administrator of a proprietary
27real estate school or a state institution, or to be an
28instructor for a proprietary real estate school or a state
29institution must meet the qualifications for practice set forth
30in s. 475.17(1) and the following minimal requirements:
31     (a)  "School permitholder" means the individual who is
32responsible for directing the overall operation of a proprietary
33real estate school. A school permitholder must be the holder of
34a license as a broker, either active or voluntarily inactive, or
35must have passed an instructor's examination approved by the
36commission. A school permitholder must also meet the
37requirements of a school instructor if actively engaged in
38teaching.
39     (b)  "Chief administrative person" means the individual who
40is responsible for the administration of the overall policies
41and practices of the institution or proprietary real estate
42school. A chief administrative person must also meet the
43requirements of a school instructor if actively engaged in
44teaching.
45     (b)(c)  "School instructor" means an individual who
46instructs persons in the classroom in noncredit college courses
47in a college, university, or community college or courses in a
48career center or proprietary real estate school.
49     1.  Before commencing to provide such instruction, the
50applicant must certify the applicant's competency and obtain an
51instructor permit by meeting one of the following requirements:
52     a.  Hold a bachelor's degree in a business-related subject,
53such as real estate, finance, accounting, business
54administration, or its equivalent and hold a valid broker's
55license in this state.
56     b.  Hold a bachelor's degree, have extensive real estate
57experience, as defined by rule, and hold a valid broker's
58license in this state.
59     c.  Pass an instructor's examination approved by the
60commission.
61     2.  Any requirement by the commission for a teaching
62demonstration or practical examination must apply to all school
63instructor applicants.
64     3.  The department shall renew an instructor permit upon
65receipt of a renewal application and fee. The renewal
66application shall include proof that the permitholder has, since
67the issuance or renewal of the current permit, successfully
68completed a minimum of 7 classroom hours of instruction in real
69estate subjects or instructional techniques, as prescribed by
70the commission. The commission shall adopt rules providing for
71the renewal of instructor permits at least every 2 years. Any
72permit which is not renewed at the end of the permit period
73established by the department shall automatically revert to
74involuntarily inactive status.
75
76The department may require an applicant to submit names of
77persons having knowledge concerning the applicant and the
78enterprise; may propound interrogatories to such persons and to
79the applicant concerning the character of the applicant,
80including the taking of fingerprints for processing through the
81Federal Bureau of Investigation; and shall make such
82investigation of the applicant or the school or institution as
83it may deem necessary to the granting of the permit. If an
84objection is filed, it shall be considered in the same manner as
85objections or administrative complaints against other applicants
86for licensure by the department.
87     Section 3.  This act shall take effect upon becoming a law.


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