Unit 2: License law and qualifications for licensure

Qualifications and prelicensing education

Before you can sit for the state exam, you have to meet the personal qualifications in Fla. Stat. 475.17(1) and finish the prelicensing course required by 475.17(2) and Rule 61J2-3.008.

Personal qualifications

Under 475.17(1)(a), an applicant who is a natural person must:

  • be at least 18 years old;
  • hold a high school diploma or its equivalent;
  • be honest, truthful, trustworthy, and of good character, with a good reputation for fair dealing;
  • be competent and qualified to make real estate transactions and conduct negotiations with safety to investors and others.

Rule 61J2-2.027(1) repeats the age and diploma requirements. Note what is not on the list: Florida residency is not one of the qualifications in 475.17(1)(a); nonresidents can apply, as the next lesson explains.

Past conduct

The character requirement has teeth. Under 475.17(1)(a), an applicant who has been denied a license, disbarred, or had a registration or license revoked or suspended in any jurisdiction, for conduct that would justify the same result under Chapter 475, is deemed not qualified. The same applies to someone who has engaged in such conduct.

That is not a lifetime ban. The commission can still find the applicant qualified if, because of the lapse of time and subsequent good conduct and reputation, or for another reason, the public and investors are not likely to be endangered.

On the application, Rule 61J2-2.027(2) requires you to disclose any conviction or finding of guilt, and any plea of guilty or nolo contendere, regardless of adjudication. You must also disclose other names you have used in business, discipline against any professional license, and any prior denial of a real estate application. Honest disclosure matters: hiding something is itself a character problem.

Course I: the prelicensing course

Item Requirement Source
Length 63 hours of 50 minutes each, including the exam 475.17(2)(a)1.; 61J2-3.008(1)
Passing the course 70% or higher on the end-of-course exam 61J2-3.008(4)(a)
Attendance No completion notice if absences exceed 8 classroom hours 475.17(2)(a)1.
Failing the exam Wait at least 30 days, then you may retest one time within 1 year of the original exam; after that you must repeat the course 61J2-3.008(6)

The course may be taken in a classroom or by approved interactive distance learning. Correspondence courses are allowed only for hardship cases defined by rule (475.17(2)(a)3. and (7)).

Who skips the course

Applicant Exemption
A 4-year degree or higher in real estate from an accredited institution Exempt from the prelicensing course (475.17(6); 61J2-3.008(9))
An active member in good standing of The Florida Bar who is otherwise qualified Exempt from the sales associate prelicensing course (61J2-3.008(8))

These exemptions cover only the prelicensing course. Neither one waives the state license exam, which the next lesson covers.

Knowledge check

Part 1 of 2. Finish to earn XP.
Fill in the numbers.
A sales associate applicant must be at least years old and complete Course I, which is hours long, passing the school's end-of-course exam with % or higher.
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