Current through Reg. 50, No. 187; September 24, 2024
(1) Any persons desiring to become licensed
as a real estate sales associate must satisfactorily complete the
Commission-prescribed course designated as Course I. This course will consist
of 63 hours of 50 minutes each, inclusive of examination, in the basic
fundamentals of real estate principles and practices, basic real estate, and
license law. This rule sets forth the course approval criteria and
procedure.
(2)
(a) Any licensed sales associate desiring to
become licensed as a broker must satisfactorily complete the
Commission-prescribed course designated as Course II. This course will consist
of 72 hours of 50 minutes each, inclusive of examination, in the fundamentals
of real estate appraising, investment, financing, and brokerage and management
operations.
(b) For all courses
approved for classroom delivery, 50 minute hours means fifty minutes of
classroom instruction, exclusive of any breaks, recesses, or other time not
spent in instruction. Classroom hours are the hours delivered live by an
instructor in a classroom or by a live streaming or any means of video
conferencing technology while the students are in attendance.
(c) Any school requesting approval for a live
streaming course must submit to the DBPR at the time of course submission all
course materials as well as information on the delivery method and software
platform being used.
(3)
(a) Accredited universities, colleges,
community colleges and area technical centers in this state that offer
transferable college credit courses, or real estate schools registered pursuant
to Section 475.451, F.S. ("school"), may
offer these Commission-prescribed courses. Satisfactory completion of these
courses will not entitle any person to receive a license as a real estate
broker or sales associate until such person has met all other requirements of
law and has passed the applicable Commission-approved state examination which
DBPR administers.
(b) The school
permit holder, permitted administrative person, or permitted instructor shall,
assure necessary equipment performance and administer and certify student and
course compliance.
(4)
(a) A grade of 70% or higher on the
Commission-prescribed end-of-course examination constitutes satisfactory course
completion. The school shall administer the examination upon completion of the
instruction, provided the student has not missed in excess of 8 hours of
classroom instruction.
(b) The
school must submit to the Commission the course materials and end-of-course
examinations. The school must also submit a copy of the course, and access to
the course, in the format in which the course will be offered to the student.
Primary schools shall submit pre-license courses for evaluation every new
edition. In no event may a course evaluation submission for renewal be made
more than four years after the original approval date. Secondary schools shall
resubmit pre-license courses for evaluation prior to every second renewal. A
primary school is a school that develops the course material for evaluation
under its school name. A secondary school is a school that has been given
authority by the primary school to submit the course material for evaluation
under its school name. Secondary schools must submit, with the course
evaluation, a letter from the primary school authorizing the secondary school
to submit the course for evaluation under its school name. When delivered by
distance education, the course and examination shall comply with the "Course
Approval criteria" as follows:
1. Distance
learning necessitates a high level of self-direction and should, therefore,
require students to read, conduct research, complete timed exams and similar
assignments, designed to measure the student's competency relative to the
required subject matter objectives. Distance learning study must be offered on
a classroom hour per classroom hour basis.
2. Distance learning means the delivery of
education offerings or courses via the internet and/or other interactive
electronic media. Such offerings or courses shall be interactive, providing for
the interchange of information between the student, and instructor, and shall
provide for the registration, evaluation, monitoring, and verification of
pre-license education: 50 minute hours for distance learning courses shall be
the equivalent of the 50 minute classroom hour in a classroom delivery
course.
3. Schools must demonstrate
that the credit hours awarded for distance learning are appropriate to the
course offered. The schools may accomplish this objective by demonstrating that
students engaged in distance learning have acquired the knowledge, skills,
and/or competencies that are at least equivalent to those acquired by students
enrolled in classroom studies. Pre-licensure courses shall not be offered by
correspondence methods, except by reason of a hardship as defined by rule.
a. The school must demonstrate that the
technical processes used in the delivery of the course operate correctly and
the instructional strategies its use supports.
b. The school must have in place alternative
plans for the provision of uninterrupted learner services and technical support
in the event of primary system failure.
c. The school must have policies and
technical processes in place to verify and document student identity for
enrollment, course participation and course completion.
d. Course submissions shall include a
detailed course time-line, and the school shall make the timeline available to
students prior to enrollment.
e.
The school must present evidence by means of an objective study that the stated
course hours are consistent with actual hours required to complete the
course.
f. The school must describe
in detail, the objective method used to insure students receive only the
allotted time to complete the end-of-course examinations.
g. The school must demonstrate that permitted
instructors and technical staff are available during normal business hours for
student assistance. Instructor and technical assistance must be made available
to students and posted in a prominent location.
h. Pre-licensing courses must conform to and
follow the order of the Course I and Course II syllabus. Courses must include
learning objectives for each session of the syllabus. The school must describe
the method of assessment of the student's performance periodically throughout
the course of instruction.
i.
End-of-course examinations shall not include aids such as, but not limited to,
hint, back, or retry functionalities. The school must demonstrate that there is
a reasonable method in place to prevent duplication of the end-of-course
examination. Students shall not take the end-of-course examination without
satisfactorily completing all sessions of the syllabus.
j. The school must require the student to
submit a statement that includes, "I certify that I personally completed all
assignments and have not duplicated any portion of the end-of-course
examination prior to the taking of the final examination." Thereafter, it is
the responsibility of the school offering the Commission-approved courses to
keep the course materials current and accurate, as changing times and laws
require, and obtain approval from the Commission at least 60 days before
implementing any significant changes to the course during its approval period.
Approval or denial of a Commission-required pre-licensing course (Course I or
Course II) will be based on the extent to which the course content covers the
material set forth in the appropriate Commission-developed course syllabus,
"Sales Associate Course Syllabus (Course I)" or "Broker Course syllabus (Course
II)."
I. Course I submissions for classes to
be offered prior to December 31, 2022 shall be evaluated based on the January
1, 2015 Revision, incorporated herein by reference and available at
http://www.flrules.org/Gateway/Reference.asp?No=Ref-05977.
II. Course I submissions for classes to be
offered on or after January 1, 2023 shall be evaluated based on the January 1,
2023 Revision, which is likewise incorporated herein by reference and is
available at
http://www.flrules.org/Gateway/Reference.asp?No=Ref-14599.
III. Course II submissions shall be evaluated
based on the Revision effective January 1, 2017 "Broker Course syllabus (Course
II), " incorporated herein by reference and available at
http://www.flrules.org/Gateway/Reference.asp?No=Ref-09136.
IV. In addition to online availability,
Course I and Course II syllabi are also available from the Commission's office
at 400 W. Robinson Street, #N801, Orlando, Florida 32801.
V. The institution or school may resubmit a
denied course with the mandated changes for reevaluation.
k. During the month of August of each year,
real estate instructors and other real estate education stake holders may
submit written recommendations for updating the Sales Associate Course Syllabus
(Course I) and Broker Course Syllabus (Course II). The purpose of submitting
recommendations is to keep the course syllabi current with revised rules and
statutes.
(c)
The Commission will approve pre-licensure courses for a period of 24 months and
evaluate the course for renewal, provided the school submits the form DBPR RE
18, "Continuing Education Course Approval Application, " incorporated by
subsection 61-35.027(17),
F.A.C., no more than 120 days prior to the course expiration date. The renewal
application must include the course materials, the end-of-course examinations
and a summary of what updates and revisions have been made to the course. A
school may grade an examination within 15 days after the expiration date of the
course, provided it receives the materials prior to or on the date of
expiration. Schools shall notify students of the course number and expiration
date upon enrollment.
(d) The
school shall develop at least 2 forms of the end-of-course examination, and
submit them for approval as provided in paragraph (4)(b) above. No
end-of-course examination shall contain more than 15% duplication of questions.
Examinations must test the course material. The answer key must be unique for
each form of the examination. The answer key must reference the page number(s)
containing the information upon which each question and correct answer is
based. At least 70% of the questions on each form of the test shall be
application oriented. Application level means the ability to use the learned
material in a completely new and concrete situation. It usually involves the
application of rules, policies, methods, computations, laws, theories, or any
other relevant and available information. No more than 10% of the questions on
each form of the test shall be at the knowledge level. Knowledge level means
the recall of specific facts, patterns, methods, terms, rules, dates, formulas,
names, or other information that should be committed to memory. A school
offering the Commission-prescribed courses must maintain a sufficient bank of
questions to assure examination validity. The sales associate end-of-course
examinations shall contain at least 100 items, or 2 items per instruction hour.
The broker end-of-course examinations shall contain at least 95 items, of which
5 items are 2 points each, which shall cover closing statements or escrow
accounts, or 2 items per instruction hour. All Questions shall be
multiple-choice with 4 answer choices each. The order of the examination
questions may not follow the sequence of the course content and the item must
not refer the student to the course material. The overall time to complete the
end-of-course examination must not exceed the equivalent of 1.8 minutes per
item.
(5)
(a) The school offering these
Commission-prescribed courses shall inform each student of the standards and
requirements at the commencement of each course. Notice of course completion
shall comply with Rule
61J2-3.015, F.A.C.
(b) In all Commission-approved courses by
distance education, the school and permitholder shall provide to students an
address, email address and telephone number of a permitted instructor
registered with such school, who shall be available to assist the students with
instruction. The school shall communicate to all students the times in which
the permitted instructor will be available to assist the students with
instruction.
(6) Students
failing the Commission-prescribed end-of-course examination must wait at least
30 days from the date of the original examination to retest. Within one year of
the original examination, a student may retest a maximum of one time.
Otherwise, students failing the end-of-course examination must repeat the
course prior to being eligible to take the end-of-course examination again.
Schools shall administer a different form of the end-of-course examination to a
student that is retaking the exam or repeating the course.
(7) Make-up classes and examinations to
enable a student to take the end-of-course examination due to student or family
illness may not extend more than 30 days beyond the scheduled class examination
without approval from the Commission. Make-up classes must consist of the
original course materials that the student missed.
(8) Any active member in good standing with
The Florida Bar who is otherwise qualified under the real estate license law is
exempt from the Commission-prescribed prerequisite education course for
licensure as a real estate sales associate.
(9) Any applicant for licensure who has
received a 4-year degree or higher in real estate from an accredited
institution of higher education is exempt from the Commission-prescribed
prerequisite education courses for licensure.
Rulemaking Authority
475.05 FS. Law Implemented
475.04,
475.17,
475.182,
475.183,
475.451
FS.
New 1-1-80, Amended 8-24-80, 9-16-84, Formerly 21V-3.08,
Amended 7-16-86, 10-13-88, 5-20-90, 1-13-91, 7-20-93, Formerly 21V-3.008,
Amended 12-13-94, 6-14-95, 8-2-95, 12-30-97, 9-1-99, 1-18-00, 11-6-00, 1-12-04,
11-3-15, 3-27-18, 1-17-19, 12-22-20,
8-21-22.