Citation Authority

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Commission

RULE NO: RULE TITLE
61J2-24.002: Citation Authority

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 8, February 27, 2009 issue of the Florida Administrative Weekly.

61J2-24.002 Citation Authority.

(1) Pursuant to Section 455.224, F.S. (1999), 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.

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

 

VIOLATION	FINE
(a) through (d) No change.	$300.00
(e) Section 475.22(1), F.S. and Rule 61J2-10.022, F.A.C. failed to maintain the required office as prescribed.	$5200.00
(f) No change.
(g) Section 475.22(2), F.S. failed to register an out of state Florida broker’s office.	$5100.00
(h) No change.
(i) Section 475.25(1)(b) and (d), F.S. misconduct involving economic loss resulting in full restitution to the complainant.	$300.00
(i)(j) Section 475.25(1)(k), F.S. and paragraph 61J2-14.010(1) 61J2-14.008(1)(d), F.A.C. failed to immediately deposit trust funds provided the deposit is not more than 3 days late.	$200.00
(k) Section 475.25(1)(m) and 61J2-3.009, F.S. 1. Renewed a license without completing the continuing education requirement and the act is discovered by the DBPR but the licensee has completed the continuing education requirements within thirty (30) days after his or her renewal date.	$200.00 and completion of the continuing education requirement for the previous renewal cycle
2. Renewed a license without completing the continuing education requirement and the act is discovered by the DBPR but the licensee has completed the continuing education requirements within ninety (90) days after his or her renewal date.	$500.00 and completion of the continuing education requirement for the previous renewal cycle
3. Renewed a license without having complied with Rule 61J2-3.009, F.A.C., and voluntarily notified the DBPR more than thirty (30) days but no more than 90 days after the renewal cycle ended.	$500.00 and completion of the continuing education requirement for the previous renewal cycle
(j)(l) Section 475.25(1)(q), F.S. failed to give the appropriate disclosure or notice at the appropriate time under the provisions of Section 475.2755 or 475.278, F.S., (A citation may only be given for a first time violation.)	$300.00
(k)(m) Section 475.25(1)(r), F.S. failed to include the required information in a listing agreement; failed to give a copy to a principal within 24 hours; contains a self renewal clause	$200.00
(l)(n) Section 475.42(1)(b), F.S. sales associate operating as a sales associate without a registered employer due to failure to renew or properly register	$500.00
(m)(o) Section 475.42(1)(j), F.S. having a lis pendens placed by an attorney (Citation may be issued only if no other violation is present).	$500.00
(n)(o)-(p) Section 475.42(1)(k), F.S. and Rule 61J2-10.034, F.A.C. operated as a broker under a tradename without causing the trade name to be noted in the records of the Commission.	$5100.00
(o)(p)-(q) Section 475.451(3), F.S. failed to obtain a multiple permit.	$500.00
(p)(q)-(r) Section 475.4511(2), F.S. advertised false, inaccurate, misleading, or exaggerated information.	$500.00
(r)-(s) Section 475.4511(4), F.S. failed to have a distinctive separation in a joint advertisement of a school with an affiliated broker.	$100.00
(s)-(t) Subsection 61J2-3.008(6), F.A.C. failed to certify classroom attendance per occurrence.	$300.00
(q)(t)-(u) Paragraph 61J2-3.009(4)(d) 61J2-3.009(5)(e), F.A.C. failed to have a distance education course instructor available per published schedule.	$300.00
(r)(u)-(v) Subsection 61J2-3.009(5)(a), F.A.C. failed to inform students of course standards and requirements.	$100.00
(s)(v-(w) Subsection 61J2-3.015(2), F.A.C. failed to provide a course completion report to a student; if a licensee, as the result of an audit/inspection, failed to provide a course completion report to the DBPR.	$200.00
(t)(w)-(x) Rule 61J2-5.016, F.A.C. sales associate or broker associate serving as an officer or director of a registered brokerage corporation	$200.00
(u)(x)-(y) Subsection 61J2-5.019(1), F.A.C. failed to ensure that the corporation or partnership is properly registered; failed to ensure each officer, director and sales associate is properly licensed.	$5200.00
(v)(y) z) Rule 61J2-10.025, F.A.C. advertised in a manner in which a reasonable person would not know one is dealing with a real estate licensee or brokerage;failed to include the registered name of the brokerage firm in the advertisement; failed to use the licensee’s last name as registered with the Commission in an advertisement. (w)(z)-(aa) Rule 61J2-10.027, F.A.C. used the name or identification of an association or organization when the licensee was not in good standing or otherwise not entitled to use same.	$5200.00             $300.00
(x)(aa)-(bb) Subsection 61J2-10.032(1), F.A.C. broker failed to notify the Commission within the prescribed 15 business days but does so within 25 business days; or, if a Notice of Noncompliance has been issued pursuant to Rule 61J2-24.003, F.A.C. and not timely complied with, failed to notify the Commission within 45 days but does so within 55 days.	$100.00
(y)(bb)-(cc) Subsection 61J2-10.032(1) and (2), F.A.C. broker failed to institute a settlement procedure within the prescribed 30 business days but does so within 40 business days; or, if a Notice of Noncompliance has been issued pursuant to Rule 61J2-24.003, F.A.C. and not timely complied with, failed to institute a settlement procedure within 60 days but does so within 70 days.	$100.00
(z)(cc)-(dd) Subsection 61J2-10.032(2), F.A.C. broker failed to notify the Commission that the dispute settled or went to court, or of the final accounting and disbursement within the prescribed 10 business days but broker does so within 20 business days; or, if a Notice of Noncompliance has been issued pursuant to Rule 61J2-24.003, F.A.C. and not timely complied with, failed to notify the Commission that the dispute settled or went to court, or of the final accounting and disbursement within 40 days but does so within 50 days.	$100.00
(aa)(dd)-(ee) Rule 61J2-10.038, F.A.C. failed to timely notify the DBPR of the current mailing address or any change in the current mailing address.	$5100.00
(bb)(ee) Subsection 61J2-14.008(2)(b), F.A.C. Second offense failure to to indicate the name, address and telephone number of the title company or attorney on the contract. (ff) 61J2-14.012(2), failure to properly reconcile an escrow account when the account balances.	$200.00     $100.00
(cc)(ff) Subsection 61J2-14.008(2)(b) 61J2-14.014(1), F.A.C. Second offense failure to 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. (gg) Subsection 61J2-14.012(1), F.A.C. failed to secure the written permission of all interested parties prior to placing trust funds in an interest bearing escrow account.	$500.00                 $300.00
(dd)(gg)-(hh) Subsection 61J2-14.014(2), F.A.C. failed to properly reconcile an escrow account when the account balances.	$5100.00
(ee)(hh) Subsection 61J2-14.012(1), F.A.C. failed to secure the written permission of all interested parties prior to placing trust funds in an interest bearing escrow account. (ii) Subsection 61J2-17.013(1), F.A.C. guaranteed that a pupil would pass an examination.	$300.00       $500.00
(ff)(ii) Subsection 61J2-14.014(2), F.A.C. failed to stop interest from accruing prior to disbursement. (jj) Failed to register a school location.	$100.00   $5100.00
(gg)(jj) Subsection 61J2-17.013(1), F.A.C. guaranteed that a pupil would pass an examination. (kk) Rule 61J2-17.014, F.A.C. improper use of a guest lecturer	$500.00   $100.00
(hh)(kk) Failure to register a school location. (ll) Rule 61J2-17.015, F.A.C. failed to post the required language regarding recruitment for employment; recruiting for employment opportunities during class time.	$500.00   $300.00
(ii)(ll)-(kk) Rule 61J2-17.014, F.A.C. improper use of a guest lecturer. (mm) Rule 61J2-10.038, F.A.C. failed to notify the DBPR of any change in address of a branch office within 10 days of the change in the current mailing address.	$100.00
(jj)(mm) Rule 61J2-17.015, F.A.C. failed to post the required language regarding recruitment for employment; recruiting for employment opportunities during class time.	$300.00

(3) through (5) No change.

Rulemaking Specific 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,________.

 

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: January 15, 2008

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 5 February 19, 2008