Florida Administrative Code (Last Updated: April 18, 2024) |
61. Department of Business and Professional Regulation |
61J2. Florida Real Estate Commission |
61J2-24. Disciplinary Matters |
1(1) Pursuant to Section 5455.224, F.S., 7the Commission sets forth violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a violation for which there is no substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine or other conditions to be imposed. For purposes of this rule, the descriptions of the violations listed below are abbreviated and the statute or rule that is listed should be consulted for a complete description of the prohibited conduct.
106(2) The following violations with accompanying fine or other conditions may be disposed of by citation:
122VIOLATION
123FINE
124(a) Section 126475.180(2)(a), F.S. 128– a resident licensee failed to notify the Commission of becoming a nonresident as prescribed
143$600.00
144(b) Sections 146475.17(2)(a), 147475.17(3)(a), 148475.17(4)(a), F.S., 150Rules 15161J2-3.008 152and 15361J2-3.009, 154F.A.C. – failed to provide the required number of classroom hours for an approved or prescribed course
171$1,000.00
173(c) Section 175475.175(2), F.S. 177and Rule 17961J2-3.015, 180F.A.C. – failed to provide a course completion certificate to a student after previously receiving a Notice of Noncompliance
199$250.00
200(d) Rule 20261J2-3.015, 203F.A.C. – school failed to retain copy of course completion certificate for retention period required by rule after previously receiving a Notice of Noncompliance.
227$250.00
228(e) Section 230475.22(1), F.S. 232and Rule 23461J2-10.022, 235F.A.C. – failed to maintain the required office as prescribed
245$1,000.00
247(f) Section 249475.22(1), F.S. 251– failed to maintain the required office entrance sign
260$250.00
261(g) Section 263475.22(2), F.S. 265– failed to register an out of state Florida broker’s office
276$1,000.00
278(h) Section 280475.24, F.S., 282and Rule 28461J2-10.023, 285F.A.C. – failed to register a location as a branch office
296$400.00
297(i) Section 299475.25(1)(k), F.S. 301and subsection 30361J2-14.010(1), 304F.A.C. – failed to immediately deposit trust funds provided the deposit is not more than 3 days late
322$400.00
323(j) Section 325475.25(1)(q), F.S. 327– failed to give the appropriate disclosure or notice at the appropriate time under the provisions of Section 345475.2755 346or 347475.278, F.S. 349(A citation may only be given for a first time violation.)
360$600.00
361(k) Section 363475.25(1)(r), F.S. 365– failed to include the required information in a listing agreement; failed to give a copy to a principal within 24 hours; contains a self renewal clause
392$400.00
393(l) Section 395475.42(1)(b), F.S. 397– sales associate operating as a sales associate without a registered employer due to failure to renew or properly register
417$1,000.00
419(m) Section 421475.42(1)(i), F.S. 423– having a lis pendens placed by an attorney (Citation may be issued only if no other violation is present)
443$1,000.00
445(n) Section 447475.42(1)(j), F.S. 449and Rule 45161J2-10.034, 452F.A.C. – operated as a broker under a tradename without causing the trade name to be noted in the records of the Commission
475$1,000.00
477(o) Section 479475.451(3), F.S. 481– failed to obtain a multiple permit
488$1,000.00
490(p) Section 492475.4511(2), F.S. 494– advertised false, inaccurate, misleading, or exaggerated information
502$1,000.00
504(q) Paragraph 50661J2-3.009(4)(d), 507F.A.C. – failed to have a distance education course instructor available per published schedule
521$600.00
522(r) Subsection 52461J2-3.008(5)(a), 525F.A.C. – failed to inform students of course standards and requirements
536$250.00
537(s) Subsection 53961J2-3.015(2), 540F.A.C. – failed to provide a course completion report to a student; if a licensee, as the result of an audit/inspection, failed to provide a course completion report to the DBPR
571$400.00
572(t) Rule 57461J2-5.016, 575F.A.C. – sales associate or broker associate serving as an officer or director of a registered brokerage corporation
593$400.00
594(u) Subsection 59661J2-5.019(1), 597F.A.C. – failed to ensure that the corporation or partnership is properly registered; failed to ensure each officer, director and sales associate is properly licensed
622$1,000.00
624(v) Rule 62661J2-10.025, 627F.A.C. – advertised in a manner in which a reasonable person would not know one is dealing with a real estate licensee or brokerage; failed to include the registered name of the brokerage firm in the advertisement; failed to use the licensee’s last name as registered with the Commission in an advertisement
679$1,000.00
681(w) Rule 61J2-10.026, F.A.C. – failed to follow the requirements for team or group advertising; a citation shall only be issued for a second violation of the rule committed after July 1, 2019
714$1,000.00
716(x) Rule 71861J2-10.027, 719F.A.C. – used the name or identification of an association or organization when the licensee was not in good standing or otherwise not entitled to use same
746$600.00
747(y) Subsection 74961J2-10.032(1), 750F.A.C. – broker failed to notify the Commission within the prescribed 15 business days but does so within 25 business days; or, if a Notice of Noncompliance has been issued pursuant to rule 78361J2-24.003, 784F.A.C., and not timely complied with, failed to notify the Commission within 45 days but does so within 55 days
804$250.00
805(z) Subsection 80761J2-10.032(1) 808and (2), F.A.C. – broker failed to institute a settlement procedure within the prescribed 30 business days but does so within 40 business days; or, if a Notice of Noncompliance has been issued pursuant to Rule 84461J2-24.003, 845F.A.C., and not timely complied with, failed to institute a settlement procedure within 60 days but does so within 70 days
866$250.00
867(aa) Subsection 86961J2-10.032(2), 870F.A.C. – broker failed to notify the Commission that the dispute settled or went to court, or of the final accounting and disbursement within the prescribed 10 business days but broker does so within 20 business days; or, if a Notice of Noncompliance has been issued pursuant to Rule 91961J2-24.003, 920F.A.C., and not timely complied with, failed to notify the Commission that the dispute settled or went to court, or of the final accounting and disbursement within 40 days but does so within 50 days
955$250.00
956(bb) Rule 95861J2-10.038, 959F.A.C. – failed to timely notify the DBPR of the current mailing address or any change in the current mailing address
980$1,000.00
982(cc) Paragraph 98461J2-14.008(2)(b), 985F.A.C. – Second offense failure to indicate the name, address and telephone number of the title company or attorney on the contract
1007$250.00
1008(dd) Paragraph 101061J2-14.008(2)(b), 1011F.A.C. – Second offense failure to provide Seller’s broker, or Seller if not represented by a broker, within ten (10) business days of the date the Licensee’s broker made the written request for verification of the deposit with either a copy of the written verification, or if no verification is received by Licensee’s broker, written notice that Licensee’s broker did not receive verification of the deposit
1077$500.00
1078(ee) Subsection 108061J2-14.012(2), 1081F.A.C. – failed to properly reconcile an escrow account when the account balances
1094$500.00
1095(ff) Subsection 109761J2-14.014(1), 1098F.A.C. – failed to secure the written permission of all interested parties prior to placing trust funds in an interest bearing escrow account
1121$600.00
1122(gg) Subsection 112461J2-14.014(2), 1125F.A.C. – failed to stop interest from accruing prior to disbursement
1136$100.00
1137(hh) Subsection 113961J2-17.013(1), 1140F.A.C. – guaranteed that a pupil would pass an examination
1150$500.00
1151(ii) Failure to register a school location
1158$500.00
1159(jj) Rule 116161J2-17.014, 1162F.A.C. – improper use of a guest lecturer
1170$250.00
1171(kk) Rule 117361J2-17.015, 1174F.A.C. – failed to post the required language regarding recruitment for employment; recruiting for employment opportunities during class time
1193$600.00
1194(3) Citations may be issued to real estate licensees, permit holders, and registrants by the Division of Real Estate.
1213(4) Citations are to be served upon the subject either by personal service or certified mail, restricted delivery, to the subject’s last known address.
1237(5) The subject has 30 days from the date the citation becomes a final order to pay the fine. All fines are to be made payable to the “Department of Business and Professional Regulation – R. E. Citations” and sent to the Division of Real Estate in Orlando. A copy of the citation shall accompany the payment of the fine.
1297Rulemaking Authority 1299475.05, 1300475.2801, 1301475.2801 FS. 1303Law Implemented 1305455.224, 1306475.25(1) FS. 1308History–New 12-29-91, Amended 4-16-92, 1-20-93, 6-28-93, Formerly 21V-24.002, Amended 8-23-93, 4-7-94, 4-12-95, 7-5-95, 2-13-96, 6-5-96, 7-23-96, 1-22-97, 3-30-97, 11-10-97, 3-24-98, 7-1-98, 10-25-98, 1-19-99, 1-18-00, 10-15-00, 2-21-02, 2-5-04, 1-30-06, 7-20-09, 11-15-12, 10-16-16, 2-11-19, 9-23-20, 5-10-22, 3-2-23.