Disciplinary Guidelines, Citation Authority

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Commission

RULE NO.: RULE TITLE:
61J2-24.001: Disciplinary Guidelines
61J2-24.002: Citation Authority

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 33, August 17, 2012 issue of the Florida Administrative Weekly.

These changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee.  The changes are as follows:

61J2-24.001 Disciplinary Guidelines.

(1) through (3)(a)  No change.

 

	PENALTY RANGE
VIOLATION	FIRST VIOLATION	SECOND AND SUBSEQUENT VIOLATIONS
(a) through (z) No change.
(aa) Section 475.42(1)(e), F.S. A violation of any order or rule of the Commission	(aa) $250 to $1,000 administrative fine and 30-day suspension to 5-year suspension	(aa) $1,000 to $5,000 administrative fine and suspension to revocation
(aa) (bb) Section 475.42(1) (f) (g), F.S. Makes false affidavit or affirmation or false testimony before the Commission	(aa) (bb) $250 to $1,000 administrative fine and suspension to revocation	(aa) (bb) $1,000 to $5,000 administrative fine and suspension to revocation
(bb) (cc) Section 475.42(1) (g) (h), F.S. Fails to comply with subpoena	(bb) (cc) $250 to $1,000 administrative fine and suspension	(bb) (cc) $1,000 to $5,000 administrative fine and suspension to revocation
(cc) (dd) Section 475.42(1) (h) (i), F.S. Obstructs or hinders the enforcement of Chapter 475, F.S.	(cc) (dd) $250 to $1,000 administrative fine and suspension to revocation	(cc) (dd) $1,000 to $5,000 administrative fine and suspension to revocation
(dd) (ee) Section 475.42(1) (i) (j), F.S. No broker or sales associate shall place upon the public records any false, void or unauthorized information that affects the title or encumbers any real property	(dd) (ee) $250 to $2,500 administrative fine and suspension to revocation	(dd) (ee) $1,000 to $5,000 administrative fine and suspension to revocation
(ee) (ff) Section 475.42(1) (j) (k), F.S. Failed to register trade name with the Commission	(ee) (ff) $250 to $1,000 administrative fine	(ee) (ff) $1,000 to $5,000 administrative fine and suspension to revocation
(ff) (gg) Section 475.42(1) (k) (l), F.S. No person shall knowingly conceal information relating to violations of Chapter 475, F.S.	(ff) (gg) $250 to $1,000 administrative fine and suspension	(ff) (gg) $1,000 to $5,000 administrative fine and suspension to revocation
(gg) (hh) Section 475.42(1) (l) (m), F.S. Fails to have a current license as a broker or sales associate while listing or selling one or more timeshare periods per year	(gg) (hh) $250 to $1,000 administrative fine and suspension	(gg) (hh) $1,000 to $5,000 administrative fine and suspension to revocation
(hh) (ii) Section 475.42(1) (m) (n), F.S. Licensee fails to disclose all material aspects of the resale of timeshare period or timeshare plan and the rights and obligations of both buyer or seller	(hh) (ii) $250 to $1,000 administrative fine and suspension	(hh) (ii) $1,000 to $5,000 administrative fine and suspension to revocation
(ii) (jj) Section 475.42(1) (n) (o), F.S. Publication of false or misleading information; promotion of sales, leases and rentals	(ii) (jj) $250 to $1,000 administrative fine and suspension to revocation	(ii) (jj) $1,000 to $5,000 administrative fine and suspension to revocation
(jj) (kk) Section 475.451, F.S. School teaching real estate practice fails to obtain a permit from the department and does not abide by regulations of Chapter 475, F.S., and rules adopted by the Commission	(jj) (kk) $250 to $1,000 administrative fine and suspension	(jj) (kk) $1,000 to $5,000 administrative fine and suspension to revocation
(kk) (ll) Section 475.453, F.S. Broker or sales associate participates in any rental information transaction that fails to follow the guidelines adopted by the Commission and Chapter 475, F.S.	(kk) (ll) $250 to $1,000 administrative fine and suspension	(kk) (ll) $1,000 to $5,000 administrative fine and 90-day suspension to revocation
(ll) (mm) Section 475.5015, F.S. Failure to keep and make available to the department such books, accounts, and records as will enable the department to determine whether the broker is in compliance with the provisions of this C chapter 475, F.S.	(ll) (mm) $250 to $1,000 administrative fine and suspension to revocation	(ll) (mm) $1,000 to $5,000 administrative fine and 90-day suspension to revocation
(mm) (nn) Section 455.227(1)(s), F.S. Failing to comply with the educational course requirements for domestic violence	(mm) (nn) $250 to $1,000 administrative fine and suspension to revocation	(mm) (nn) $1,000 to $5,000 administrative fine and suspension to revocation
(nn) (oo) Section 455.227(1)(t), F.S. Failing to report in writing to the Commission within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.	(nn) (oo) $250 to $1,000 administrative fine and suspension to revocation	(nn) (oo) $1,000 to $5,000 administrative fine and suspension to revocation
(oo) (pp) Section 455.227(1)(u), F.S. Termination from a treatment program for impaired practitioners as described in Section 456.076 for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee or failing to successfully complete a drug or alcohol treatment program	(oo) (pp) $250 to $1,000 administrative fine and suspension to revocation	(oo) (pp) $1,000 to $5,000 administrative fine and suspension to revocation

 

             

61J2-24.002 Citation Authority.

(1) Pursuant to Section 455.224, F.S. (1999), the 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.

(2) The following violations with accompanying fine or other conditions may be disposed of by citation:

VIOLATION                                                         FINE             

(a) through (b) No change.

(c) Section 475.175(2), F.S. and subsection 61J2-17.012(2), F.A.C. failed to provide a course roster to the Division for each course      $100.00

(c)(d) Section 475.175(2), F.S. and Rule 61J2-3.015, F.A.C. – failed to provide a course completion report to a student     $100.00

(d)(e) Section 475.22(1), F.S. and Rule 61J2-10.022, F.A.C. – failed to maintain the required office as prescribed      $500.00

(e) (f) Section 475.22(1), F.S. and Rule 61J2-10.024, F.A.C. – failed to maintain the required office entrance sign      $100.00              

(f)(g) Section 475.22(2), F.S. – failed to register an out of state Florida broker’s office                           $500.00

(g)(h) Section 475.24, F.S., Rule 61J2-8.003 and 61J2-10.023, F.A.C. –         

failed to register a location as a branch office        $200.00

(h)(i) Section 475.25(1)(k), F.S. and subsection 61J2-14.010(1), F.A.C. – failed to immediately  deposit trust funds provided the deposit is not more than 3 days late            $200.00

(i) (j) Section 475.25(1)(q), F.S. – failed to give the appropriate disclosure or notice at the    

appropriate time under the provisions of Section 475.2755 or 475.278, F.S., (A citation may

only be given for a first time violation.)    $300.00

(j)(k) Section 475.25(1)(r), F.S. – 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   $200.00

(k)(l) Section 475.42(1)(b), F.S. – sales associate operating as a sales associate without a registered  employer due to failure to renew or properly register      $500.00

(l)(m) Section 475.42(1) (i) (j), F.S. – having a lis pendens placed by an attorney (Citation may be  Issued only if no other violation is present)                    $500.00

(m)(n) Section 475.42(1) (j) (k), F.S. and Rule 61J2-10.034, F.A.C. – operated as a broker under a tradename without causing the trade name to be noted in the records of the Commission   $500.00

(n)(o) Section 475.451(3), F.S. – failed to obtain a multiple permit               $500.00

(o)(p) Section 475.4511(2), F.S. – advertised false, inaccurate, misleading, or                        

exaggerated information    $500.00

(p)(q) Paragraph 61J2-3.009(4)(d), F.A.C. – failed to have a distance education course  instructor available per published schedule   $300.00

(q)(r) Subsection 61J2-3.008 9(5)(a), F.A.C. – failed to inform students of course standards and requirements           $100.00              

(r)(s) Subsection 61J2-3.015(2), F.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    $200.00

(s)(t) Rule 61J2-5.016, F.A.C. – sales associate or broker associate serving as an officer or director of a registered brokerage corporation                    $200.00

(t)(u) Subsection 61J2-5.019(1), F.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           $500.00

(u)(v) Rule 61J2-10.025, F.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    $500.00

(v) (w) Rule 61J2-10.027, F.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   

(w)(x) Subsection 61J2-10.032(1), F.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 61J2-24.003, F.A.C., and not timely complied with, failed to notify the Commission within 45 days but does so within 55 days          $100.00

(x)(y) Subsection 61J2-10.032(1) and (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 61J2-24.003, F.A.C., and not timely complied with, failed to institute a settlement procedure within 60 days but does so within 70 days           $100.00

(y)(z) Subsection 61J2-10.032(2), F.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 61J2-24.003, F.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           $100.00

(z)(aa) Rule 61J2-10.038, F.A.C. – failed to timely notify the DBPR of the current mailing address or any change in the current mailing address               $500.00

(aa)(bb) Paragraph 61J2-14.008(2)(b), F.A.C. – Second offense failure to indicate the name, address and telephone number of the title company or attorney on the contract    $200.00             

(bb)(cc) Paragraph 61J2-14.008(2)(b), F.A.C. – Second offense failure to provide Seller’s broker, or Seller if not presented 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    $500.00

(cc)(dd) Subsection 61J2-14.012 4 (2), F.A.C. – failed to properly reconcile an escrow account when the account balances   $500.00                                                                                                 

(dd)(ee) Subsection 61J2-14.0142(1), F.A.C. – failed to secure the written permission of all interested parties prior to placing trust funds in an interest bearing escrow account   $300.00

(ee)(ff) Subsection 61J2-14.014(2), F.A.C.– failed to stop interest from accruing prior to disbursement $100.00

(ff)(gg) Subsection 61J2-17.013(1), F.A.C. – guaranteed that a pupil would pass an examination           $500.00

(gg)(hh) Failure to register a school location            $500.00

(hh)(ii) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer                                                     $100.00

(ii)(jj) Rule 61J2-17.015, F.A.C. – failed to post the required language regarding recruitment for  employment; recruiting for employment opportunities during class time    $300.00

(3) through (5) No change.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lori Crawford, Deputy Clerk, Division of Real Estate, 400 West Robinson Street, Suite N801, Orlando, Florida 32801.