For Rule 61J2-24.002, F.A.C., the Commission proposes the rule amendment to clarify the violation and fine regarding failure to follow the requirements for team or group advertising pursuant to Rule 61J2-10.026, F.A.C. For Rule 61J2-24.003, F.A.C., ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NOS.:RULE TITLES:

61J2-24.002Citation Authority

61J2-24.003Notification of Noncompliance

PURPOSE AND EFFECT: For Rule 61J2-24.002, F.A.C., the Commission proposes the rule amendment to clarify the violation and fine regarding failure to follow the requirements for team or group advertising pursuant to Rule 61J2-10.026, F.A.C. For Rule 61J2-24.003, F.A.C., the Commission proposes the rule amendment to add a minor violation regarding Rule 61J2-10.026, F.A.C.

SUMMARY: For Rule 61J2-24.002, F.A.C., the rule will be updated in regards to the requirements for team or group advertising pursuant to Rule 61J2-10.026, F.A.C. For Rule 61J2-24.003, F.A.C., the rule will be updated in regards to adding a minor violation pursuant to Rule 61J2-10.026, F.A.C.

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: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that there was no reason to expect increased costs, a Statement of Estimated Regulatory Costs (SERC) was not necessary, and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 475.05 FS.

LAW IMPLEMENTED: 120.695, 455.224, 455.225(3), 475.25(1) 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: Lori Crawford, Executive Director, Florida Real Estate Commission, 400 W. Robinson Street, #N801, Orlando, Florida 32801, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61J2-24.002 Citation Authority.

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

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

VIOLATION	FINE
(a) through (u) No change.
(v) Rule 61J2-10.026, F.A.C. – failed to follow the requirements for team or group advertising; a citation shall only be issed for a second violation of the rule committed after July 1, 2019.	$500.00
(w)(v) through (jj)(ii) No change.

(3) through (5) No change.

Rulemaking Authority 475.05 FS. Law Implemented 455.224, 475.25(1) FS. History–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,              .

 

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) through (n) No change.

(o) Rule 61J2-10.026 – for a first violation, failure to adhere to team advertising requirements after July1, 2019.

(2) through (3) No change.

Rulemaking Authority 475.05 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,           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Real Estate Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Real Estate Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 14, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 4, 2018