Current through Reg. 50, No. 187; September 24, 2024
(1)
(a) Any
person holding "school instructor" permits shall recertify competency during
each permit period by satisfactorily completing 7 classroom or distance
learning hours consisting of 3 hours of Core Law and 4 hours of Instructional
Techniques as approved by the Commission. A school instructor is not required
to complete the 7 hours of recertification education as a condition for initial
permit renewal if the time between the effective date on the initial permit as
an instructor and the beginning of the initial renewal permit is less than 6
months. Of the required 7 classroom or distance learning hours, up to 3 hours
may be applied toward the continuing education core law requirement for
licensure pursuant to Rule
61J2-3.009, F.A.C. The
commission may accept as a substitute for 3 classroom hours of core law, one
time per renewal cycle, attendance at one legal agenda session of the
commission. To obtain credit, the licensee must notify the division at least 7
days in advance of his or her intent to attend. A licensee may not earn any
continuing education credit for attending a legal agenda session of the
commission as a party to the disciplinary action.
(b) An Instructor may fulfill the
Instructional Techniques requirement for the renewal of his or her instructor
license only by attending a course taught by another
instructor.
(2)
(a) 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 live streaming, or any means of video conferencing technology to students
who are in attendance at permitted or approved school locations.
(b) Any school or provider 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.
(c) The Commission shall approve any course,
seminar or conference in the real estate practice area provided by a public or
private school, firm, association, organization, person, corporation, sponsor
or provider. Instructional Technique courses shall be approved for no less than
2 hours and for not more than 4 hours of instruction of 50 minutes each.
Courses shall not be approved for fractional hours. The Commission will approve
the course for 24 months. Instructional Technique courses shall be designed to
be training oriented to teach instructors how to present courses.
(d) A school or provider must submit the
course materials for a classroom course to the Commission for evaluation at
least 60 days prior to use and must receive approval before it may offer the
course, The school or provider must also submit a copy of the continuing
education course, and access to the course, in the format in which the course
will be offered to the student. Thereafter, it is the responsibility of the
school or provider offering the Commission-approved courses to keep the course
materials current and accurate, as changing times and laws require.
(e) All Core Law continuing education courses
shall be resubmitted for evaluation prior to every second renewal. Classroom
and distance education courses may be submitted for renewal no more than 120
days prior to the course expiration date.
(f) If a school or provider develops a new
version of course materials or new end-of-course examinations during the
approval period, the end-of-course examinations and a summary of the changes
must be submitted to the Commission at least 60 days prior to use and receive
approval before it may offer the course.
(3) The Commission-prescribed Core Law course
totaling 3 hours of instruction of 50 minutes each will review and update
licensees on Florida real estate license law, Commission rules, and agency law,
and provide an introduction to other state laws, federal laws, and taxes
affecting real estate. Approval or denial of the Commission-required Core Law
course will be based on the extent to which the course content covers the
above-referenced subject areas. Examinations, if required, must test the course
material. If course approval is denied, the institution or school may resubmit
the course, with the mandated changes for reevaluation.
(4) Successfully meeting standards
established for each Commission-prescribed course constitutes satisfactory
completion of the Commission-prescribed continuing education course or courses.
A provider shall issue a notice of satisfactory classroom course completion
only if a licensee attends a minimum of 90% of the total classroom hours for
the Commission-prescribed course. Notice of course completion shall be as per
Rule 61J2-3.015, F.A.C.
(5) If an examination is required by this
rule, a grade of 80% or higher on the Commission-prescribed examination
constitutes satisfactory course completion. The school or provider must
administer a different exam to a student who fails the examination. No
examination shall contain more than 20% duplication of questions.
(6)
(a) A
copy of the distance education course materials and a copy of each form of the
end-of-course examinations that will be distributed to students shall be
submitted to the Commission for evaluation and approval at least 60 days prior
to use. Examinations must test the course material. The provider must submit
the course materials and a minimum of five end-of-course examinations for each
course to the Commission for evaluation and approval at least 60 days prior to
its use. Thereafter, it is the responsibility of the provider offering the
Commission-approved courses to keep the course material current and accurate.
If the Commission does not approve the course, the provider may resubmit the
course, with the mandated changes for re-evaluation. If a provider develops a
new version of course materials or new end-of-course examinations during the
approval period, the end-of-course examinations and a summary of the changes
must be submitted to the Commission at least 60 days prior to use and receive
approval before it may offer the course.
(b) The objective of the distance education
course of study end-of-course examination is to test fairly and reliably
whether students have learned essential facts and concepts from the course. The
examination shall consist of a minimum of 10 items for courses of 5 hours or
less. For courses greater than 5 hours, but no more than 7 hours, the
examination shall consist of a minimum of 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. The
answer key must be unique for each form of the examination. The answer key must
reference the page number(s) containing the information on which each question
and correct answer is based. At least 70% of the questions on each form of the
test shall be at the application level or higher. No more than 10% of the
questions on each form of the test shall be at the knowledge level. Any school
offering the Commission-prescribed continuing education course of study by
distance education must maintain a sufficient bank of questions to assure
examination validity when administering the examination to licensees from a
common source such as a specific business, firm or family.
1. 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.
2. Knowledge level means recalling specific
facts, patterns, methods, terms, rules, dates, formulas, names, or other
information that must be committed to memory.
(c) 50 minute hours for distance learning
courses shall be the equivalent of the 50 minute classroom hour in a classroom
delivery course.
(d) In all
Commission-approved continuing education courses by distance education, the
real estate school and school permitholder shall provide to students an address
and telephone number of a permitted instructor registered with such school to
answer inquiries. The school shall post the schedule of the instructor's
availability.
(e) If the provider
or school receives a completed examination from the student prior to or on the
date of the course expiration, the provider or school has up to 15 days from
the course expiration date to grade the exam and report the student's results
as prescribed in Section
455.2178,
F.S.
(7) Accredited
universities, colleges and community colleges in this state, area technical
centers, approved providers or real estate schools registered pursuant to
Section 475.451, F.S., may offer the
Commission-prescribed or approved Instructional Techniques courses. Accredited
universities, colleges and community colleges in this state, area technical
centers or real estate schools registered pursuant to Section
475.451, F.S., may offer the
Commission-prescribed Core Law course.
(8) Satisfactory completion of these courses
will not entitle any person to renew a permit as a school instructor until such
person has met all other requirements of law.
(9) The continuing education requirements for
school instructors do not apply with respect to any attorney who is otherwise
qualified under the provisions of Section
475.451,
F.S.
Rulemaking Authority
455.2123,
475.05,
475.182,
475.451 FS. Law Implemented
455.2123,
455.2178,
475.182,
475.451
FS.
New 7-28-80, Amended 8-24-80, 1-3-84, Formerly 21V-3.11,
Amended 7-25-90, 7-20-93, Formerly 21V-3.011, Amended 12-30-97, 1-18-00,
9-17-00, 2-4-04, 10-13-10, 12-6-12, 4-19-18, 2-11-19,
12-22-20.
