The amendments brings these rules into compliance with new statutory changes.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Commission

RULE NO.: RULE TITLE:
61J2-24.001: Disciplinary Guidelines
61J2-24.002: Citation Authority

PURPOSE AND EFFECT: The amendments brings these rules into compliance with new statutory changes.

SUMMARY: Rule 61J2-24.001, F.A.C., deletes subsection (aa). Paragraph 61J2-24.002(2)(a), F.A.C., strikes the first part of the violation “a nonresident failed to file irrevocable consent form”.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of these rules at its Commission meeting, the Commission, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary. No person or interested party submitted additional information regarding the economic impact at that time. The Council has determined that this will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of these rules. These rules amendments will not require ratification by the Legislature.

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.

RULEMAKING AUTHORITY: 455.2273, 475.05 FS.
LAW IMPLEMENTED: 455.224, 455.227, 455.2273, 475.22, 475.24, 475.25, 475.25(1), 475.42, 475.453 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE 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:

 

61J2-24.001 Disciplinary Guidelines.

(1) through (2) No change.

(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.

 

	PENALTY RANGE
VIOLATION	FIRST VIOLATION	SECOND AND SUBSEQUENT VIOLATIONS
(a) through (z) No change.
(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
(aa)(bb) Section 475.42(1)(g), F.S. Makes false affidavit or affirmation or false testimony before the Commission	(aa)(bb) $250 to $1,000 administrative fine and suspension to revocation	(aa)(bb) $1,000 to $5,000 administrative fine and suspension to revocation
(bb)(cc) Section 475.42(1)(h), F.S. Fails to comply with subpoena	(bb)(cc) $250 to $1,000 administrative fine and suspension	(bb)(cc) $1,000 to $5,000 administrative fine and suspension to revocation
(cc)(dd) Section 475.42(1)(i), F.S. Obstructs or hinders the enforcement of Chapter 475, F.S.	(cc)(dd) $250 to $1,000 administrative fine and suspension to revocation	(cc)(dd) $1,000 to $5,000 administrative fine and suspension to revocation
(dd)(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	(dd)(ee) $250 to $2,500 administrative fine and suspension to revocation	(dd)(ee) $1,000 to $5,000 administrative fine and suspension to revocation
(ee)(ff) Section 475.42(1)(k), F.S. Failed to register trade name with the Commission	(ee)(ff) $250 to $1,000 administrative fine	(ee)(ff) $1,000 to $5,000 administrative fine and suspension to revocation
(ff)(gg) Section 475.42(1)(l), F.S. No person shall knowingly conceal information relating to violations of Chapter 475, F.S.	(ff)(gg) $250 to $1,000 administrative fine and suspension	(ff)(gg) $1,000 to $5,000 administrative fine and suspension to revocation
(gg)(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	(gg)(hh) $250 to $1,000 administrative fine and suspension	(gg)(hh) $1,000 to $5,000 administrative fine and suspension to revocation
(hh)(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	(hh)(ii) $250 to $1,000 administrative fine and suspension	(hh)(ii) $1,000 to $5,000 administrative fine and suspension to revocation
(ii)(jj) Section 475.42(1)(o), F.S. Publication of false or misleading information; promotion of sales, leases and rentals	(ii)(jj) $250 to $1,000 administrative fine and suspension to revocation	(ii)(jj) $1,000 to $5,000 administrative fine and suspension to revocation
(jj)(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	(jj)(kk) $250 to $1,000 administrative fine and suspension	(jj)(kk) $1,000 to $5,000 administrative fine and suspension to revocation
(kk)(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.	(kk)(ll) $250 to $1,000 administrative fine and suspension	(kk)(ll) $1,000 to $5,000 administrative fine and 90-day suspension to revocation
(ll)(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	(ll)(mm) $250 to $1,000 administrative fine and suspension to revocation	(ll)(mm) $1,000 to $5,000 administrative fine and 90-day suspension to revocation
(mm)(nn) Section 455.227(1)(s), F.S. Failing to comply with the educational course requirements for domestic violence	(mm)(nn) $250 to $1,000 administrative fine and suspension to revocation	(mm)(nn) $1,000 to $5,000 administrative fine and suspension to revocation
(nn)(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.	(nn)(oo) $250 to $1,000 administrative fine and suspension to revocation	(nn)(oo) $1,000 to $5,000 administrative fine and suspension to revocation
(oo)(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	(oo)(pp) $250 to $1,000 administrative fine and suspension to revocation	(oo)(pp) $1,000 to $5,000 administrative fine and suspension to revocation

 

 

(4) through (6) No change.

 

Rulemaking Authority 455.2273, 475.05 FS. Law Implemented 455.227, 455.2273, 475.22, 475.24, 475.25, 475.42, 475.453 FS. History–New 11-24-86, Amended 10-13-88, 4-20-89, 5-20-90, 12-29-91, 11-8-92, 6-28-93, Formerly 21V-24.001, Amended 11-16-93, 2-29-96, 12-30-97, 11-29-98, 1-18-00, 2-5-04, 1-30-06, 12-25-07, 7-21-10,_________.

 

61J2-24.002 Citation Authority.

(1) No change.

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

 

 

VIOLATION	FINE
(a) Section 475.180(2)(a), F.S. – a	$300.00
nonresident failed to file the required irrevocable consent form; a resident licensee who failed to notify the Commission of becoming a nonresident as prescribed
(b) through (jj) No change.
(3) through (5) No change.

 

Rulemaking 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, 7-20-09,_________.

 

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: July 17, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 29, 2012