61J2-24.003. Notification of Noncompliance

(1) Pursuant to Sections 455.225(3) and 120.695, F.S., the Commission sets forth below those statutes and rules which are considered minor violations for which the DBPR shall provide a licensee, registrant or permitholder with a notice of noncompliance. A violation is considered a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The notice of noncompliance shall only be issued for an initial offense of a listed minor violation. 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.

(a) Paragraph 61J2-3.009(4)(d), F.A.C. – failure to have a distance education instructor available.

(b) Subsection 61J2-3.008(5)(a), F.A.C. – failure to inform students of course standards and requirements.

(c) Subsection 61J2-3.015(2), F.A.C. – failure to provide a course completion certificate to a student.

(d) Subsection 61J2-3.015(2), F.A.C. – failure by school to retain copy of course completion certificate for required retention period.

(e) Rule 61J2-5.016, F.A.C. – sales associate or broker associate serving as officer or director of a registered brokerage corporation.

(f) Section 475.22(1), F.S. – failure to maintain the office entrance sign as required.

(g) Section 475.24, F.S. – failure to register a branch office.

(h) Section 475.451(3), F.S – failure to register a school location.

(i) Rule 61J2-10.034, F.A.C. – failure to register a trade name with the Division of Real Estate.

(j) Rule 61J2-14.012, F.A.C. – failure to sign the escrow account reconciliation if the account balances.

(k) Subsection 61J2-14.014(2), F.A.C. – failure to stop interest from accruing prior to disbursement.

(l) Section 475.451(8), F.S. – failure to keep registration records, course, rosters, attendance records, a file copy of each examination and progress test, and all student answer sheets for a period of at least 3 years subsequent to the beginning of each course and make them available to the department for inspection and copying upon request.

(m) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer.

(n) Rule 61J2-17.015, F.A.C. – improper recruiting; failure to post the required statement.

(o) Rule 61J2-10.026, F.A.C. – for a first violation, failure to adhere to team advertising requirements after July 1, 2019.

(p) Subsections 61J2-10.032(1) and (2), F.A.C. – failure to perform the required act within the stated time frame but does so no later than 30 days after the stated time frame.

(q) Rule 61J2-10.034, F.A.C. – failure to register a trade name with the Division of Real Estate.

(r) Rule 61J2-14.012, F.A.C. – failure to sign the escrow account reconciliation if the account balances.

(s) Subsection 61J2-14.014(2), F.A.C. – failure to stop interest from accruing prior to disbursement.

(t) Section 475.451(8), F.S. – failure to keep registration records, course, rosters, attendance records, a file copy of each examination and progress test, and all student answer sheets for a period of at least 3 years subsequent to the beginning of each course and make them available to the department for inspection and copying upon request.

(u) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer.

(v) Rule 61J2-17.015, F.A.C. – improper recruiting; failure to post the required statement or failure to have statement visible during virtual live or online course.

(w) Rule 61J2-10.026, F.A.C. – for a first violation, failure to adhere to team advertising requirements after July 1, 2019.

(2) The DBPR shall issue a notice of noncompliance to the licensee, registrant or permitholder subject to the statute and rule that the statute and rule have been violated. The notice of noncompliance shall identify the statute and rule being violated and shall provide information on how to comply with the statute and rule. The DBPR shall allow 15 days for compliance with the statute and rule and shall so notify the licensee, registrant or permitholder. The time for compliance shall begin to run from the time the licensee, registrant or permitholder receives the notice of noncompliance. The failure of a licensee, registrant or permitholder to comply with the notice of noncompliance within the time allowed shall thereafter result in the issuance of a citation pursuant to Rule 61J2-24.002, F.A.C., and, if there is no citation for the violation, then the institution of regular disciplinary proceeding pursuant to Section 455.225, F.S.

(3) The notice of noncompliance may be delivered to the licensee, registrant or permit holder’s current mailing address by certified mail, by restricted delivery or by personal service. The notice of noncompliance may be issued by the Division of Real Estate.

Rulemaking Authority 475.05, 475.2801 FS. Law Implemented 120.695, 455.225(3) FS. History–New 1-9-94, Amended 1-1-96, 11-10-97, 6-30-98, 10-25-98, 9-17-00, 7-4-06, 6-15-09, 2-11-19, 9-23-20, 6-7-22, 3-2-23.