26473839, 61J2ER22-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 26473839

Notice of Emergency Rule

Department:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division:

Florida Real Estate Commission

Overview

RULE:

61J2ER22-1

Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Florida Real Estate Commission (“FREC”) is statutorily mandated to require specified Pre-licensure, Post-Licensure, School Instructor and Continuing Education (“CE”) courses as prerequisites to initial licensure, licensure renewal and licensure reactivation of Real Estate Sales Agents, Real Estate Brokers, and Real Estate School Instructors. Pursuant to this authority, the FREC has promulgated rules setting forth the requirements for approval of Pre-licensure, Post-Licensure, Reactivation and CE courses.  The rules establish different minimum criteria for in-person vs. online or distance learning courses which are submitted by providers and approved/authorized the FREC to be offered as either in-person, live stream, hybrid or online/distance.  If a course is approved as in-person, it cannot be offered via any other method of delivery (e.g. online, live stream, hybrid or distance learning methods), unless it is also separately approved for additional methods of delivery.
On September 23, 2022, Florida Governor Ron DeSantis issued Executive Order Number 22-218 declaring a state of emergency in the following counties due to Tropical Depression Nine:  Brevard, Broward, Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Hillsborough, Indian River, Lee, Manatee, Martin, Miami-Dade, Monroe, Okeechobee, Osceola, Palm Beach, Pasco, Pinellas, Polk, Sarasota, and St. Lucie Counties.  On September 23, 2022, Florida Governor Ron DeSantis issued an Executive Order Number 22-219 amending Executive Order 22-218 to include the entire State of Florida due to the tropical depression upgrade to Tropical Storm Ian and authorizing state agencies to suspend the provisions of any regulatory statutes, orders, or rules of that agency if strict compliance with that statute would in any way prevent, hinder, or delay necessary action in coping with this emergency.  Since the issuance of the Executive Order the tropical storm was upgraded to Hurricane Ian which caused extreme damage to the State of Florida, including Federal and State recognized Disaster Areas.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

Given the recently declared emergency in the State of Florida and Executive Orders 22-218 and 22-219; the declared natural disaster areas; the significant damage and destruction of homes and commercial businesses, with attendant relocations, displacements, and disruptions to normal operations; the fact that the current renewal cycle has been extended until October 31, 2022; and that many Real Estate professionals were in the process of or will be required to attend in-person continuing education courses/seminars/pre-license/post-license/reactivation to fulfill initial licensure or renewal requirements, the FREC finds that the state of emergency in Florida necessitates immediate action regarding this issue.

SUMMARY:

The proposed emergency rule authorizes Pre-licensure, Post-Licensure, Reactivation, Continuing Education, and School Instructor education courses previously approved by the FREC to be delivered live and in-person to be delivered via live streaming/video conferencing technologies for the ninety-day effective period of the emergency rule.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Giuvanna Corona, Executive Director, Florida Real Estate commission, Zora Neal Hurston Building, North Tower, Suite 801N, 400 West Robinson Street, Orlando, Florida 32801.

PRINT PUBLISH DATE:

10/28/2022 Vol. 48/211

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=61J2ER22-1&PDate=10/28/2022&Section=4

REFERENCE MATERIALS:

No reference(s).

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