The purpose of this notice is to review for possible changes to bring the rules into compliance with statutory changes.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Commission

RULE NO: RULE TITLE
61J2-24.003: Notice of Noncompliance
PURPOSE AND EFFECT: The purpose of this notice is to review for possible changes to bring the rules into compliance with statutory changes.
SUMMARY: The purpose of this notice is to review for possible changes to bring the rules into compliance with statutory changes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Costs was prepared.
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.
SPECIFIC AUTHORITY: 475.05 FS.
LAW IMPLEMENTED: 120.695, 455.225(3) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Lori Crawford, Deputy Clerk, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N802, Orlando, Florida 32801

THE FULL TEXT OF THE PROPOSED RULE IS:

61J2-24.003 Notification of Noncompliance.

(1)(a) through (d) No change.

(e) Subsection 61J2-5.019(1), F.A.C. – failure to ensure that the corporation or partnership is properly registered; failure to ensure each officer, director and sales associate is properly licensed.

(f) Rule 61J2-10.023, F.A.C. – failure to register a branch office.

(e)(g) Rule 61J2-10.024, F.A.C. – failure to maintain the office entrance sign as required.

(h) Subsection 61J2-10.025(1), F.A.C. – failure to use the brokerage firm name in an advertisement.

(i) Subsection 61J2-10.025(2), F.A.C. – failure to use the licensee’s last name in an advertisement.

(f)(j) 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.

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

(h) Paragraph 61J2-14.008(2)(b), F.A.C. – initial offense of failure to indicate the name, address and telephone number of the title company or attorney on the contract will receive a notice of non-compliance without citation for a period of twelve months after the effective date of this rule.

(i) Paragraph 61J2-14.008(2)(b), F.A.C. – initial offense of failure to notify 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, will receive a notice of non-compliance without citation for a period of twelve months after the effective date of this rule.

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

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

(l)(n) Section 475.451(8), F.S. Subsections 61J2-17.012(1) and (3), F.A.C. – 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 maintain the course roster as required.

(o) Subsection 61J2-17.012(2), F.A.C. – failure to deliver the course roster as required.

(p) Subsection 61J2-17.013(2), F.A.C. – failure to obtain a permit for a school location.

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

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

(s) Section 475.25(1)(m), F.S., and Rule 61J2-3.009, F.A.C. – renewed license without having complied with Rule 61J2-3.009, F.A.C., and voluntarily notified the DBPR within thirty (30) days after the renewal cycle ended.

(2) through (3) No change.

Specific 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,_________.

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: January 15, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 19, 2008