(1) Each person, school, or institution, except approved and accredited colleges, universities, community colleges, and career centers in this state, which offers or conducts any course of study in real estate practice, teaches any course prescribed by the commission as a condition precedent to licensure or renewal of licensure as a broker or sales associate, or teaches any course designed or represented to enable or assist applicants for licensure as brokers or sales associates to pass examinations for such licensure shall, before commencing or continuing further to offer or conduct such course or courses, obtain a permit from the department and abide by the regulations imposed upon such person, school, or institution by this chapter and rules of the commission adopted pursuant to this chapter. The exemption for colleges, universities, community colleges, and career centers is limited to transferable college credit courses offered by such institutions.
(2) An applicant for a permit to operate a proprietary real estate school or to be an instructor for a proprietary real estate school or a state institution must meet the qualifications for practice set forth in s. 475.17(1) and the following minimal requirements:
(a) “School permitholder” means the individual who is responsible for directing the overall operation of a proprietary real estate school. A school permitholder must be the holder of a license as a broker, either active or voluntarily inactive, or must have passed an instructor’s examination approved by the commission. A school permitholder must also meet the requirements of a school instructor if actively engaged in teaching.
(b) “School instructor” means an individual who instructs persons in the classroom in noncredit college courses in a college, university, or community college or courses in a career center or proprietary real estate school.
1. Before commencing to provide such instruction, the applicant must certify the applicant’s competency and obtain an instructor permit by meeting one of the following requirements:
a. Hold a bachelor’s degree in a business-related subject, such as real estate, finance, accounting, business administration, or its equivalent and hold a valid broker’s license in this state.
b. Hold a bachelor’s degree, have extensive real estate experience, as defined by rule, and hold a valid broker’s license in this state.
c. Pass an instructor’s examination approved by the commission.
2. Any requirement by the commission for a teaching demonstration or practical examination must apply to all school instructor applicants.
3. The department shall renew an instructor permit upon receipt of a renewal application and fee. The renewal application shall include proof that the permitholder has, since the issuance or renewal of the current permit, successfully completed a minimum of 7 classroom or distance learning hours of instruction in real estate subjects or instructional techniques, as prescribed by the commission. The commission shall adopt rules providing for the renewal of instructor permits at least every 2 years. A permit that is not renewed at the end of the permit period established by the department automatically reverts to involuntarily inactive status.
The department may require an applicant to submit names of persons having knowledge concerning the applicant and the enterprise; may propound interrogatories to such persons and to the applicant concerning the character of the applicant, including the taking of fingerprints for processing through the Federal Bureau of Investigation; and shall make such investigation of the applicant or the school or institution as it may deem necessary to the granting of the permit. If an objection is filed, it shall be considered in the same manner as objections or administrative complaints against other applicants for licensure by the department.
(3) It is unlawful for any person, school, or institution to offer the courses described in subsection (1) or to conduct classes in such courses, regardless of the number of pupils, whether by correspondence or otherwise, without first procuring a permit, or to guarantee that its pupils will pass any examinations required for licensure, or to represent that the issuance of a permit is any recommendation or endorsement of the person, school, or institution to which it is issued or of any course of instruction given thereunder.
(4) Any person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(5) The location of classes and frequency of class meetings and the provision of distance learning courses shall be in the discretion of the school offering real estate courses, so long as such courses conform to s. 475.17(2).
(6) Any course prescribed by the commission as a condition precedent to a person’s becoming initially licensed as a sales associate or broker may be taught by a real estate school in a classroom or via distance learning pursuant to s. 475.17(2) by a currently permitted instructor from any such school. All other prescribed courses, except the continuing education course required by s. 475.182, shall be taught by a currently permitted school instructor personally in attendance at such course or by distance learning pursuant to s. 475.17. The continuing education course required by s. 475.182 may be taught by distance learning pursuant to s. 475.17 or by an equivalent correspondence course; however, any such correspondence course shall be required to have a final examination, prepared and administered by the school or course provider issuing the correspondence course. The continuing education requirements provided in this chapter do not apply to an attorney who is otherwise qualified under this chapter and who is a member in good standing of The Florida Bar.
(7) A permitholder under this section may be issued additional permits whenever it is clearly shown that the requested additional permits are necessary to the conduct of the business of a real estate school and that the additional permits will not be used in a manner likely to be prejudicial to any person, including a licensee or a permitholder under this chapter.
(8) Each person, school, or institution permitted under this section is required to keep registration records, course rosters, attendance records, a file copy of each examination and progress test, and all student answer sheets for a period of at least 3 years subsequent to the beginning of each course and make them available to the department for inspection and copying upon request.
(9) A real estate school may offer any course through distance learning if the course complies with 1s. 475.17.
Cited 1 times | Published | District Court of Appeal of Florida
SHANNON, 'Judge. The appellant-defendant files this appeal from the final decree of injunction, entered in the lower court, wherein he was enjoined from “offering or conducting, contrary to and in violation of Section 475.451, F.S., any course, or courses, of study in real estate practice or course, or courses, designed or represented to enable or assist applicants for registration as real estate brokers or salesmen to pass examinations conducted by the Fl...
...from both parties touching upon the question of the jurisdiction of this court to hear this matter. Such briefs were furnished and *188 this court has now determined that it has jurisdiction. The petition for injunction alleges generally that under Section 475.451, Florida Statutes, F.S.A., which provides, in part, as follows: "Every person, school or institution, except approved and accredited colleges and universities of this state, who shall offer or conduct any course or courses of study in...
...person, school or institution, to conduct any course for applicants for registration as real estate brokers or salesmen without first obtaining a permit from the Florida real estate commission and that the Florida real estate commission, pursuant to Section 475.451, Florida Statutes, F.S.A., adopted Rule S301.01, which provides in part: "S301.01 — Ground For Denial....
...defendant’s registration as a real estate broker. The petition further alleges that no permit had been issued by the Florida real estate commission to the defendant to conduct his school, but the defendant was conducting his school in violation of Section 475.451....
...The chancellor entered an order denying this motion and temporarily enjoining defendant. By his final decree the chancellor permanently enjoined defendant from conducting his school until he had obtained a permit as required by the provisions of F.S. Section 475.451, F.S.A....
...These motions were denied by the chancellor at the time of his final decree. The question on the issues involved in this appeal is stated by the appellant as follows: Did the lower court commit error, in its various rulings, orders and decrees, by making an erroneous and unlawful interpretation of Section 475.451 of the Florida Statutes, F.S.A., and of the rules and regulations adopted by the Florida real estate commission in interpretation and implementation thereof? Defendant argues that he had been maintaining his school for several years prior to 1957, at which time the legislature passed Section 475.451, Florida Statutes, F.S.A.; that consequently he was required to secure a permit from the Florida real estate commission to operate his business, and that pursuant to rule S301.01 of the Florida real estate commission all proceedings o...
...The chancellor, according to the defendant’s brief, obviously interpreted that phrase to exclude and therefore to permit this injunction proceeding, and it is this interpretation which the defendant contends is erroneous and unlawful. We do not agree with the defendant’s contention. Section 475.451(6), Florida Statutes, F....
...and prescribes requirements to be fulfilled by those who desire to engage in appraising or the other activities specified in such chapter.” Irrespective of the fact that the defendant was operating the school prior to the legislative enactment of § 475.451 and adoption of the questioned rule of the Florida real estate commission, at the time of this case there was a positive requirement that the defendant, or any party, should have a permit. Defendant did not have one, and hence he was subject to injunctive process. That the interpretation of rule S301.01 to allow enforcement of § 475.451 and to prevent defendant from continuing to conduct his school is not unreasonable as applied to defendant is amply demonstrated by a review of the cases....
...Because the revocation of Phillips’ instructor’s license was based on his alleged teaching of this unapproved correspondence course, we reverse. Phillips has operated the North Florida Real Estate College for over 17 years with no prior complaints. Under section 475.451, Florida Statutes (1995), except for approved and accredited colleges, universities, community colleges, and area technical centers, all schools and instructors which offer or conduct real estate courses are subject to regulation by the Commission....
...the continuing education correspondence course to real estate licensees at his school, and that he had not sought approval for the course since 1991. He was charged with failure to comply with rule 61J2-3.009(5)(f), Florida Administrative Code, and section 475.451, Florida *554 Statutes (1995), in violation of section 475.25(l)(e), Florida Statutes (1995)....
...Under this statutory definition and the facts of the instant case, the 1991 approval of Phillips’ correspondence course constituted a “license.” Our conclusion is based primarily on the manner in which the course approval is treated by the Commission. First, under section 475.451, Florida Statutes (1995) and rule 61J2-3.009(5), prior approval of the content of the correspondence course was required to be obtained from the Commission before Phillips was authorized to teach the course....
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