Rule 61J2-24.004, F.A.C.: To increase the violations that may be resolved through mediation. Rule 61J2-24.006, F.A.C.: To clarify and update language in the rule.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Commission

Rule No.: RULE TITLE
61J2-24.004: Mediation
61J2-24.006: Probation
PURPOSE AND EFFECT: Rule 61J2-24.004, F.A.C.: To increase the violations that may be resolved through mediation. Rule 61J2-24.006, F.A.C.: To clarify and update language in the rule.
SUMMARY: Rule 61J2-24.004, F.A.C.: The rule amendments increase the number of violations that can be resolved through mediation. Rule 61J2-24.006, F.A.C.: To allow the Division Director to grant an initial extension of time in a hardship case to a licensee who has not completed requirements of probation.
SUMMARY OF STATEMENT 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: 455.2235, 475.05 FS.
LAW IMPLEMENTED: 455.2235, 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, Hurston Building, North Tower, Suite N802, Orlando, Florida 32801

THE FULL TEXT OF THE PROPOSED RULE IS:

61J2-24.004 Mediation.

(1) No change.

(2) The Commission finds that mediation is an acceptable method of dispute resolution for the following violations as they are it is economic in nature or can be remedied by the subject of the complaint:

(a) Failure to maintain office or sign at entrance of office pursuant to Section 475.22, F.S.

(b) Failure to register a branch office pursuant to Section 475.24, F.S.

(c) Failure Has failed to deliver to a licensee a share of a real estate commission if the licensee has obtained a civil judgment and the judgment has not been satisfied pursuant to Section 475.25(1)(d), F.S.

(d) Failure to give Commission 30 day written notice after a guilty or nolo contendere plea or convicted of any felony pursuant to Section 475.25(1)(p), F.S.

(e) Failure to have a current license as a broker or sales associate while listing or selling one or more timesshare periods per year pursuant to Section 475.42(l)(m), F.S.

(f) 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 pursuant to Section 475.453, F.S.

Rulemaking Specific Authority 455.2235, 475.05 FS. Law Implemented 455.2235 FS. History–New 12-13-94, Amended________.

 

61J2-24.006 Probation.

(1) No change.

(2) If a respondent is unable to complete the requirements of probation within the ninety (90) days or such other time specified in the final order, the Division Director is authorized to grant a one-time 180 ninety (90) days extension for the following reasons:

(a) through (b) No change.

(c) Any substantiated hardship.

(3) through (5) No change.

Rulemaking Specific Authority 475.05 FS. Law Implemented 455.227, 475.25, (4) FS. History–New 2-13-96, Amended 11-10-97, 12-8-02, 7-10-06,_________.

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 20, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 7, 2010