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Florida Administrative Code (Last Updated: April 18, 2024) |
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61. Department of Business and Professional Regulation |
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D61. Departmental |
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61-30. Home Inspectors |
1(1) As an alternative to the provisions of 9Sections 10455.225(1) 11and (2), F.S., the department shall provide a licensee with a notice of noncompliance for an initial offense of a minor violation in any instance in which it is reasonable to assume that the licensee is unaware of the rule or statutory obligation or is unclear as to how to comply with it.
64(2) A notice of non-compliance may be issued for the following minor violations:
77(a) Failure to provide a copy of the home inspector’s license; and
89(b) Disclosure of the scope and exclusions of a home inspection prior to contracting for or commencing a home inspection, in violation of Section 113468.8321, F.S.
115(3) This designation of violations as minor for the purposes of Section 127455.225(3), F.S., 129is limited to initial violations in which corrective action is commenced within 15 days of the department’s issuance of a notice of noncompliance. The violation must be corrected within 15 days. If it cannot be corrected within 15 days, then corrective action must be commenced within 15 days and the licensee must move with due diligence to complete the corrective action. A violation for which the licensee fails to take corrective action within 15 days after notice shall no longer be deemed a minor violation and shall be treated as a citation offense, pursuant to Rule 22561-30.604, 226F.A.C. Violations of this section, except as provided herein, shall be handled in accordance with the standard disciplinary guidelines. Nothing provided in this section shall restrict the department from seeking full prosecution in such instances where aggravating circumstances are present, which would preclude a minor violation dismissal.
273Rulemaking 274Authority 275455.225(3) FS. 277Law Implemented 279455.225, 280468.832, 281120.695(1) FS. 283History284‒New 10-22-13.
