The Commission proposes the amendment to the rule to add language clarifying when the Commission orders a respondent to attend one or more meetings as a term of probation, credit is obtained for attending the meeting.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Commission

RULE NO: RULE TITLE
61J2-24.006: Probation
PURPOSE AND EFFECT: The Commission proposes the amendment to the rule to add language clarifying when the Commission orders a respondent to attend one or more meetings as a term of probation, credit is obtained for attending the meeting.
SUMMARY: The rule amendment adds language clarifying when the Commission orders a respondent to attend one or more meetings as a term of probation, credit is obtained for attending the meeting.
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: 455.227, 475.25 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, Suite N801, Orlando, Florida 32801.

THE FULL TEXT OF THE PROPOSED RULE IS:

61J2-24.006      Probation

(1) through (5) No change

(6) When as a term of probation, the Commission orders a respondent to attend one or more meetings of the Commission, the respondent shall comply with the following in order to obtain credit for attending the meeting:

(a) The respondent shall arrive not less than 5 minutes prior to the published starting time and date on the meeting agenda, absent good cause. Inability to find a parking space shall not constitute good cause.  The respondent is responsible for arriving early enough to obtain suitable parking;

(b) Appropriate dress is required. Appropriate dress includes casual business attire.  Respondents may choose to wear coat, tie or other business attire at their option.  Items of prohibited clothing include denim, shorts, flip-flops, sneakers, sandals, t-shirts, hats, caps or other leisure attire;

(c) The respondent shall pay attention. Engaging in disruptive behavior is prohibited.  Disruptive behavior includes, but is not limited to, sleeping, excessive conversation, or the reading of newspapers, magazines, or other outside materials;

(d) The demeanor and behavior of all respondents shall be consistent with an orderly public meeting and consistent with judicial or quasi-judicial proceedings;

(e) The respondent is permitted short absences from the meeting for not more than 5 minutes each hour.  Failure to remain in the meeting at least 55 minutes per hour without prior permission of Division staff or the Chair of the Commission will result in a Commission decision to not award credit for attendance at a Commission meeting;

(f) Except as otherwise allowed by this section, the respondent is required to attend the meeting in its entirety;

(g) All electronic devices must be turned off; and

(h) Failure to comply with this subsection or any other direction of the Commission consistent with an orderly public meeting will result in loss of credit for attendance at the entire meeting of the Commission.

(i) Any respondent requiring special accommodations to attend the meeting, because of a disability, must contact the Division of Real Estate staff at 400 West Robinson Street, Suite N801, Orlando, Florida 32801, [e-mail], [phone] at least two weeks prior to the meeting date.  The Commission will make a reasonable accommodation for those respondents who demonstrate they require special accommodations because they are a person who has a mental or physical impairment that substantially limits one or more of the major life activities of such individual.

 

Specific Authority: 475.05, Florida Statutes

Law Implemented: 455.227, 475.25, Florida Statutes

History: New 2-13-96, Amended 11-10-97, 12-8-02,                        .

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 14, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 14, 2006