The purpose and effect is to amend the rule to adopt updated forms relating to application for licensure of real estate sales associates, brokers, instructors, companies, and schools.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-35.027Real Estate Forms

PURPOSE AND EFFECT: The purpose and effect is to amend the rule to adopt updated forms relating to application for licensure of real estate sales associates, brokers, instructors, companies, and schools.

SUMMARY: The subject area to be addressed is the adoption of the new forms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 20.165(8), 455.203, 455.213 FS.

LAW IMPLEMENTED: 455.271, 475.15, 475.161, 475.17, 475.175, 475.180, 475.181, 475.182, 475.183, 475.215, 475.23, 475.24, 475.451, 559.79 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Andy Janecek, Rules Coordinator, Division of Professions, 1940 North Monroe Street, Tallahassee, Florida 32399-0760, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-35.027 Real Estate Departmental Forms.

First paragraph: No change.

(1) Persons applying for a Sales Associate license shall use Form DBPR RE 1, Application for Sales Associate License, effective June 2015 April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01993.

(2) Persons applying for a Broker license shall use Form DBPR RE 2, Application for Broker License, effective June 2015 October 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01995.

(3) Persons applying for Real Estate Instructor permit shall use Form DBPR RE 3, Application for Real Estate Instructor Permit, effective June 2015 October 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01997.

(4) Persons applying for a school permit shall use Form DBPR RE 5, Application for School Permit, effective October 2014 April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01998.

(5) Persons applying to change the status of their real estate school license shall use Form DBPR RE 6, Real Estate School Change of Status Transactions, effective June 2015April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____01999.

(6) Persons applying for a real estate company license shall use Form DBPR RE 7, Application for Real Estate Company, effective October 2014 April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____02001.

(7) Persons applying to open, close or request a duplicate license of a branch office shall Form DBPR RE 8, Application for Branch Office, effective June 2015 April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____02002.

(8) Persons applying to open, close or request a duplicate license of an additional school location shall use Form DBPR RE 9, Application for Additional School Location, effective June 2015 April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____02003.

(9) Persons requesting a demographic change or duplicate license/permit for real estate individuals shall use Form DBPR RE 10, Demographic Changes and Duplicate License for Real Estate Individuals, effective June 2015 October 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____02005.

(10) No change.

(11) Persons requesting real estate company/sole proprietor transactions shall use Form DBPR RE 12, Real Estate Company/Sole Proprietor Transactions, effective June 2015 April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____02007.

(12) Persons requesting broker transactions shall use Form DBPR RE 13, Broker (BK) Transactions, effective October 2014 April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____02008.

(13) Persons requesting multiple permits for an instructor shall use Form DBPR RE 14, Multiple Permit Request for Instructor, effective June 2015 April 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____02009.

(14) Persons applying to downgrade a Broker license to a Sales Associate license shall use Form DBPR RE 15, Revert Broker License to Sales Associate License, effective October 2014 April 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____02010.

(15) Persons requesting Sales or Broker Sales transactions shall use Form DBPR RE 16, Miscellaneous Transactions, effective June 2015 April 2012, is adopted and incorporated by reference., http://www.flrules.org/Gateway/reference.asp?No=Ref-_____.

Rulemaking Authority 20.165(8), 455.203, 455.213 FS Law Implemented 455.271, 475.15, 475.161, 475.17, 475.175, 475.180, 475.181, 475.182, 475.183, 475.215, 475.23, 475.24, 475.451, 559.79 FS. History–New 12-23-12., Amended           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Juana Watkins, Division Director, Division of Real Estate, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 12, 2015