The purpose of the proposed rule is to bring the rule into compliance with statutory changes, remove out-dated language, and update references to other Commission rules.

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 the proposed rule is to bring the rule into compliance with statutory changes, remove out-dated language, and update references to other Commission rules.
SUMMARY: The rule conforms the Section to current statutory authority, deletes outdate language, and conforms to changes in other referenced existing Commission rules.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost 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 FS. 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 N801, Orlando, Florida 32801.

THE FULL TEXT OF THE PROPOSED RULE IS:

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.

(a) 61J2-3.009(5)(e) – failure to have a distance education correspondence course instructor available.

(b) through (c) No change.

(d) 61J2-5.016 – sales associate salesperson or broker associate broker-salesperson serving as officer or director of a registered brokerage corporation.

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

(f) through (k) No change.

(l) 61J2-10.035 – failure to obtain the seller’s consent to place a “sold” sign on the property prior to closing.

(l)(m) No change.

(m)(n) No change.

(n)(o) No change.

(o)(p) No change.

(p)(q) No change.

(q)(r) No change.

(r)(s) No change.

(s)(t) No change.

(2) through (3) No change.

Specific Authority 475.05 FS. Law Implemented 120.695 FS., 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,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Real Estate Commission
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Florida Real Estate Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 15, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 6, 2006