DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate CommissionRULE NO: RULE TITLE
61J2-24.001: Disciplinary GuidelinesNOTICE 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. 52, December 31, 2009 issue of the Florida Administrative Weekly.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee in a letter dated February 23, 2010.
61J2-24.001(3) shall read as:
(3) The penalties are as listed unless aggravating or mitigating circumstances apply pursuant to subsection (4). The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.
VIOLATION
PENALTY RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(a) Section 475.22, F.S.
Broker fails to maintain office or sign at entrance of office
(a) Reprimand to $500 administrative fine
(a) 90-day suspension and $1,000 administrative fine
(b) Section 475.24, F.S.
Failure to register a branch office
(b) Reprimand to $500 administrative fine
(b) 90-day suspension and $1,000 administrative fine
(c) Section 475.25(1)(b), F.S. Fraud, misrepresentation, and dishonest dealing
Concealment, false promises, false pretenses by trick, scheme or device
Culpable negligence or breach of trust
Violating a duty imposed by law or by the terms of a listing agreement; aided, assisted or conspired with another; or formed an intent, design or scheme to engage in such misconduct and committed an overt act in furtherance of such intent, design or scheme
(c) $1,000 to $2,500 administrative fine and 30-day suspension to revocation
$1,000 to $2,500 administrative fine and 30-day suspension to revocation
$1,000 to $2,500 administrative fine and 30-day suspension to revocation
$1,000 to $2,500 administrative fine and 30-day suspension to revocation
(c) $2,500 to $5,000 administrative fine and 6 month suspension to revocation
$2,500 to $5,000 administrative fine and 6 month suspension to revocation
$2,500 to $5,000 administrative fine and 6 month suspension to revocation
$2,500 to $5,000 administrative fine and 6 month suspension to revocation
$2,500 to $5,000 administrative fine and 6 month suspension to revocation
(d) Section 475.25(1)(c), F.S.
False, deceptive or misleading advertising
(d) $250 to $1,000 administrative fine and 30 to 90 day suspension
(d) $1,000 to $5,000 administrative fine and 90 day suspension to revocation
(e) Section 475.25(1)(d), F.S.
Failed to account or deliver to any person as required by agreement or law, escrowed property
(e) $250 to $1,000 administrative fine and suspension to revocation
(e) $1,000 to $5,000 administrative fine and suspension to revocation
(f) Section 475.25(1)(e), F.S.
Violated any rule or order or provision under Chapters 475 and 455, F.S.
(f) $250 to $1,000 administrative fine and suspension to revocation
(f) $1,000 to $5,000 administrative fine and suspension to revocation
(g) Section 475.25(1)(f), F.S.
Convicted or found guilty of a crime related to real estate or involving moral turpitude or fraudulent or dishonest dealing
(g) $250 to $1,000 administrative fine and 30-day suspension to revocation
(g) $1,000 to $5,000 administrative fine and suspension to revocation
(h) Section 475.25(1)(g), F.S.
Has license disciplined or acted against or an application denied by another jurisdiction
(h) $250 to $1,000 administrative fine and 30-day suspension to revocation
(h) $1,000 to $5,000 administrative fine and suspension to revocation
(i) Section 475.25(1)(h), F.S.
Has shared a commission with or paid a fee to a person not properly licensed under Chapter 475, F.S.
(i) $250 to $1,000 administrative fine and 30 day suspension to revocation
(i) $1,000 to $5,000 administrative fine and suspension to revocation
(j) Section 475.25(1)(i), F.S.
Impairment by drunkenness, or use of drugs or temporary mental derangement
(j) Suspension for the period of incapacity
(j) Suspension for the period of incapacity
(k) Section 475.25(1)(j), F.S.
Rendered an opinion that the title to property sold is good or merchantable when not based on opinion of a licensed attorney or has failed to advise prospective buyer to consult an attorney on the merchantability of title or to obtain title insurance
(k) $250 to $1,000 administrative fine and 30 day suspension to revocation
(k) $1,000 to $5,000 administrative fine and suspension to revocation
(l) Section 475.25(l)(k), F.S.
Has failed, if a broker, to deposit any money in an escrow account immediately upon receipt until disbursement is properly authorized. Has failed, if a sales associate, to place any money to be escrowed with his registered employer
(l) $250 to $1,000 administrative fine and 30-day suspension to revocation
(l) $1,000 to $5,000 administrative fine and suspension to revocation
(m) Section 475.25(1)(l), F.S.
Has made or filed a report or record which the licensee knows to be false or willfully failed to file a report or record or willfully impeded such filing as required by State or Federal Law
(m) $250 to $1,000 administrative fine and 30 day suspension to revocation
(m) $1,000 to $5,000 administrative fine and suspension to revocation
(n) Section 475.25(1)(m), F.S.
Obtained a license by fraud, misrepresentation or concealment
(n) $250 to $1,000 administrative fine and 30-day suspension to revocation
(n) $1,000 to $5,000 administrative fine and suspension to revocation
(o) Section 475.25(1)(n), F.S. Confined in jail, prison or mental institution; or through mental disease can no longer practice with skill and safety
(o) $250 to $1,000 administrative fine and suspension to revocation
(o) $1,000 to $5,000 administrative fine and suspension to revocation
(p) Section 475.25(1)(o), F.S.
Guilty for the second time of misconduct in the practice of real estate that demonstrates incompetent, dishonest or negligent dealings with investors
(p) $1,000 to $5,000 administrative fine and a 1 year suspension to revocation
(q) Section 475.25(1)(p), F.S.
Failed to give Commission 30 day written notice after a guilty or nolo contendere plea or convicted of any felony
(q) $500 to $1,000 administrative fine and suspension to revocation
(q) $1,000 to $5,000 administrative fine and suspension to revocation
(r) Section 475.25(1)(r), F.S.
Failed to follow the requirements of a written listing agreement
(r) $250 to $1,000 administrative fine and suspension to revocation
(r) $1,000 to $5,000 administrative fine and suspension to revocation
(s) Section 475.25(1)(s), F.S.
Has had a registration suspended, revoked or otherwise acted against in any jurisdiction
(s) $250 to $1,000 administrative fine and 60-day suspension to revocation
(s) $1,000 to $5,000 administrative fine and suspension to revocation
(t) Section 475.25(1)(t), F.S.
Violated the Uniform Standards of Professional Appraisal Practice as defined in Section 475.611, F.S.
(t) $250 to $1,000 administrative fine and 30-day suspension to revocation
(t) $1,000 to $5,000 administrative fine and suspension to revocation
(u) Section 475.25(1)(u), F.S.
Has failed, if a broker, to direct, control, or manage a broker associate or sales associate employed by such broker
(u) $250 to $1,000 administrative fine and suspension to revocation
(u) $1,000 to $5,000 administrative fine and suspension to revocation
(v) Section 475.25(1)(v), F.S.
Has failed, if a broker, to review the brokerage’s trust accounting procedures in order to ensure compliance with this chapter
(v) $250 to $2,500 administrative fine and suspension to revocation
(v) $1,000 to $5,000 administrative fine and suspension to revocation
(w) Section 475.42(1)(a), F.S.
Practice without a valid and current license
(w) $250 to $2,500 administrative fine and suspension to revocation
(w) $1,000 to $5,000 administrative fine and suspension to revocation
(x) Section 475.42(1)(b), F.S.
Practicing beyond scope as a sales associate
(x) $250 to $1,000 administrative fine and suspension to revocation
(x) $1,000 to $5,000 administrative fine and suspension to revocation
(y) Section 475.42(1)(c), F.S.
Broker employs a sales associate who is not the holder of a valid and current license
(y) $250 to $1,000 administrative fine and suspension to revocation
(y) $1,000 to $5,000 administrative fine and suspension to revocation
(z) Section 475.42(1)(d), F.S.
A sales associate shall not collect any money in connection with any real estate brokerage transaction except in the name of the employer
(z) $250 to $1,000 administrative fine and suspension to revocation
(z) $1,000 to $5,000 administrative fine and suspension to revocation
(aa) Section 475.42(1)(e), F.S.
A violation of any order or rule of the Commission
(aa) $250 to $1,000 administrative fine and 30-day suspension to 5-year suspension
(aa) $1,000 to $5,000 administrative fine and suspension to revocation
(bb) Section 475.42(1)(g), F.S.
Makes false affidavit or affirmation or false testimony before the Commission
(bb) $250 to $1,000 administrative fine and suspension to revocation
(bb) $1,000 to $5,000 administrative fine and suspension to revocation
(cc) Section 475.42(1)(h), F.S.
Fails to comply with subpoena
(cc) $250 to $1,000 administrative fine and suspension
(cc) $1,000 to $5,000 administrative fine and suspension to revocation
(dd) Section 475.42(1)(i), F.S.
Obstructs or hinders the enforcement of Chapter 475, F.S.
(dd) $250 to $1,000 administrative fine and suspension to revocation
(dd) $1,000 to $5,000 administrative fine and suspension to revocation
(ee) Section 475.42(1)(j), F.S.
No broker or sales associate shall place upon the public records any false, void or unauthorized information that affects the title or encumbers any real property
(ee) $250 to $2,500 administrative fine and suspension to revocation
(ee) $1,000 to $5,000 administrative fine and suspension to revocation
(ff) Section 475.42(1)(k), F.S.
Failed to register trade name with the Commission
(ff) $250 to $1,000 administrative fine
(ff) $1,000 to $5,000 administrative fine and suspension to revocation
(gg) Section 475.42(1)(l), F.S.
No person shall knowingly conceal information relating to violations of Chapter 475, F.S.
(gg) $250 to $1,000 administrative fine and suspension
(gg) $1,000 to $5,000 administrative fine and suspension to revocation
(hh) Section 475.42(1)(m), F.S.
Fails to have a current license as a broker or sales associate while listing or selling one or more timeshare periods per year
(hh) $250 to $1,000 administrative fine and suspension
(hh) $1,000 to $5,000 administrative fine and suspension to revocation
(ii) Section 475.42(1)(n), F.S.
Licensee fails to disclose all material aspects of the resale of timeshare period or timeshare plan and the rights and obligations of both buyer or seller
(ii) $250 to $1,000 administrative fine and suspension
(ii) $1,000 to $5,000 administrative fine and suspension to revocation
(jj) Section 475.42(1)(o), F.S.
Publication of false or misleading information; promotion of sales, leases and rentals
(jj) $250 to $1,000 administrative fine and suspension to revocation
(jj) $1,000 to $5,000 administrative fine and suspension to revocation
(kk) Section 475.451, F.S.
School teaching real estate practice fails to obtain a permit from the department and does not abide by regulations of Chapter 475, F.S., and rules adopted by the Commission
(kk) $250 to $1,000 administrative fine and suspension
(kk) $1,000 to $5,000 administrative fine and suspension to revocation
(ll) Section 475.453, F.S.
Broker or sales associate participates in any rental information transaction that fails to follow the guidelines adopted by the Commission and Chapter 475, F.S.
(ll) $250 to $1,000 administrative fine and suspension
(ll) $1,000 to $5,000 administrative fine and 90-day suspension to revocation
(mm) Section 475.5015, F.S.
Failure to keep and make available to the department such books, accounts, and records as will enable the department to determine whether the broker is in compliance with the provisions of this chapter
(mm) $250 to $1,000 administrative fine and suspension to revocation
(mm) $1,000 to $5,000 administrative fine and 90-day suspension to revocation
(nn) Section 455.227(1)(s), F.S.
Failing to comply with the educational course requirements for domestic violence
(nn) $250 to $1,000 administrative fine and suspension to revocation
(nn) $1,000 to $5,000 administrative fine and suspension to revocation
(oo) Section 455.227(1)(t), F.S.
Failing to report in writing to the Commission within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.
(oo) $250 to $1,000 administrative fine and suspension to revocation
(oo) $1,000 to $5,000 administrative fine and suspension to revocation
(pp) Section 455.227(1)(u), F.S.
Termination from a treatment program for impaired practitioners as described in Section 456.076 for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee or failing to successfully complete a drug or alcohol treatment program
(pp) $250 to $1,000 administrative fine and suspension to revocation
(pp) $1,000 to $5,000 administrative fine and suspension to revocation
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
