Division of Administrative Hearings, Florida
Latest Update: Nov. 07, 1980
The issue here presented concerns the challenge by the Petitioner, State of Florida, Department of Professional Regulation, to the Respondent, State of Florida, Department of Professional Regulation, Board of Real Estate's video tape course rule, i.e., Rule 21V-3.08(5), Florida Administrative Code, in that portion which states: "A licensed instructor must he in attendance to conduct each quiz and review session." The stated authority for this rules challenge is in accordance with Section 120.54, Florida Statutes, and Section 455.211, Florida Statutes. In particular, the Petitioner has alleged that: The proposed rule goes beyond the statutory authority of the Board of Real Estate. The proposed rule has not been accompanied by adequate economic impact statements as required by Subsection 120.54(2), Florida Statutes. The proposed rule does not protect the public from any significant and discernible harm or damages. The proposed rule unreasonably restricts competition or the availability of professional services in the state. The proposed rule unnecessarily increases the cost of professional services by the corresponding or equivalent public benefit.Petitioner's rule about videotaped real estate lectures for licensing is valid.
