The purpose of the amendments is to update the disciplinary penalty guideline ranges as well as offenses which may be resolved by issuance of a Citation or a Notice of Noncompliance.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NOS.:RULE TITLES:

61J2-24.001Disciplinary Guidelines

61J2-24.002Citation Authority

61J2-24.003Notification of Noncompliance

PURPOSE AND EFFECT: The purpose of the amendments is to update the disciplinary penalty guideline ranges as well as offenses which may be resolved by issuance of a Citation or a Notice of Noncompliance.

SUMMARY: Update rules with new text.

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 the economic impact of this rule at its Commission meeting, the Commission, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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, 475.05, 475.05 FS.

LAW IMPLEMENTED: 455.227, 455.2273, 475.22, 475.24, 475.25, 475.42, 475.453, 455.224, 475.25(1), 120.695, 455.225(3) FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Giuvanna Corona, Executive Director, Florida Real Estate Commission, 400 W. Robinson Street, #N801, Orlando, FL 32801, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61J2-24.001 Disciplinary Guidelines.

(1) Pursuant to Section 455.2273, F.S., the Commission sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon licensees guilty of violating Chapters 455 or 475, F.S. or Title 61J2, F.A.C. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which normally will be imposed for each count during a formal or an informal hearing. For purposes of this rule, the order of penalties, ranging from lowest to highest, is: letter of concern, reprimand, fine, probation, suspension, and revocation or denial of application. Pursuant to Section 475.25(1), F.S., combinations of these penalties are permissible by law. Nothing in this rule shall preclude any discipline imposed upon a licensee pursuant to a stipulation or settlement agreement, nor shall the range of penalties set forth in this rule preclude the Probable Cause Panel from issuing a letter of guidance.

(2) As provided in Section 475.25(1), F.S., the Commission may, in addition to other disciplinary penalties, place a licensee on probation. The placement of the licensee on probation shall be for such a period of time and subject to such conditions as the Commission may specify. Standard probationary conditions, as further ennumerated in Rule 61J2-24.006, Probation, may include, but are not limited to, requiring the licensee: to attend pre-licensure courses; to satisfactorily complete a pre-licensure course; to attend post-licensure courses; to satisfactorily complete a post-licensure course; to attend continuing education courses; to submit to and successfully complete the state-administered examination; to be subject to periodic inspections and interviews by a DBPR investigator; if a broker, to place the license on a broker associate status; or, if a broker, to file escrow account status reports with the Commission or with a DBPR investigator at such intervals as may be prescribed.

(3) No change.

	PENALTY RANGE
VIOLATION	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 and to $500 administrative fine to 3-month suspension and $1,000 fine	(a) 90-day suspension and $1,000 administrative fine to 1 year suspension and $2,000 fine
(b) Section 475.24, F.S. Failure to register a branch office	(b) Reprimand and to $500 administrative fine to 3-month suspension and $1,000 fine	(b) 90-day suspension and $1,000 administrative fine to 1 year suspension and $2,000 fine
(c) Section 475.25(1)(b), F.S. Section 455.227(1)(a), F.S.
1. Fraud, misrepresentation, and dishonest dealing	1. $1,000 to $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation	1. $2,500 to $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation
2. Concealment, false promises, false pretenses by trick, scheme or device	2. $1,000 to $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation	2. $2,500 to $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation
3.  Culpable negligence or breach of trust	3. $1,000 to $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation	3. $2,500 to $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation
4. Violating a duty imposed by law or by the terms of a listing agreement	4. $1,000 to $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation	4. $2,500 to $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation
5. 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	5. $1,000 to $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation	5. $2,500 to $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation
(d) Section 475.25(1)(c), F.S. False, deceptive or misleading advertising	(d) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension	(d) $1,000 $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(e) Subparagraph Section 475.25(1)(d)1., 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 30-day suspension to $2,500 administrative fine and 90-day suspension	(e) $1,000 $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(f) Subparagraph 475.25(1)(d)2., F.S., Failed to deposit money into escrow account when licensee is purchaser and contract requires deposit into escrow	(f) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension	(f) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(g)(f) Section 475.25(1)(e) or 455.227(1)(b), or (1)(q), F.S., Violated any rule or order or provision under Chapters 475 and 455, F.S., or failed to comply with a lawfully issued subpoena	(g)(f) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension revocation	(g)(f) $1,000 $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
1. No intent demonstrated	1. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension.	1. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
2. Intentionally violating or failing to comply	2. $2,500 administrative fine and 90-day suspension to $5,000 administrative fine and revocation	2. $5,000 administrative fine and 2-year suspension to $5,000 fine and permanent revocation
(h)(g) Section 475.25(1)(f)or 455.227(1)(c), F.S. Convicted or found guilty of a crime related to real estate or involving moral turpitude or fraudulent or dishonest dealing	(h)(g) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation	(h)(g) $1,000 $2,500 to $5,000 administrative fine and 90 day 6 month suspension to $5,000 administrative fine and revocation
(i)(h) Section 475.25(1)(g)or 455.227(1)(f), F.S. Has license disciplined or acted against or an application denied by another jurisdiction	(i)(h) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation	(i)(h) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(j)(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.	(j)(i) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation	(j)(i) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(k)(j) Section 475.25(1)(i), F.S. Impairment by drunkenness, or use of drugs or temporary mental derangement	(k)(j) Suspension for the period of incapacity, with reinstatement upon showing of ability to practice with reasonable safety to reinstatement on showing of ability to practice with reasonable safety and 1 year probation	(k)(j) Suspension for the period of incapacity with reinstatement upon showing of ability to practice with reasonable safety to reinstatement on showing of ability to practice with reasonable safety and 1 year probation to revocation
(l)(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	(l)(k) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation	(l)(k) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(m)(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	(m)(l) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation	(m)(l) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(n)(m) Section 475.25(1)(l)or 455.227(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	(n)(m) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation	(n)(m) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(o)(n)Section475.25(1)(m)or 455.227(1)(h), F.S. Obtained a license by fraud, misrepresentation, or concealment, bribery, or through error of Commission or Department	(o)(n) $250 to $1,000 administrative fine and 30-day suspension to revocation with ability to reapply for subsequent licensure	(o)(n) $1,000 to $5,000 administrative fine and suspension to permanent revocation
(p)(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	(p)(o) Suspension until released from facility and demonstration of ability to practice with reasonable safety, followed by 1 year probation $250 to $1,000 administrative fine and 30-day suspension to revocation	(p)(o) Suspension while in facility and for two years following release; reinstatement upon demonstration of ability to practice with reasonable safety and three years’ probation $1,000 to $5,000 administrative fine and suspension to revocation
(q)(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	(q)(p) $1,000 to $5,000 administrative fine and a 1 year suspension to $5,000 administrative fine and revocation	(q) $5,000 administrative fine and permanent revocation
(r)(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	(r)(q) $500 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(r)(q) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(s)(r) Section 475.25(1)(r), F.S. Failed to follow the requirements of a written listing agreement	(s)(r) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(s)(r) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(t)(s) Section 475.25(1)(s), F.S. Has had a registration suspended, revoked or otherwise acted against in any jurisdiction	(t)(s) $250 to $1,000 administrative fine and 60-day suspension to revocation	(t)(s) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(u)(t) Section 475.25(1)(t), F.S. Violated the Uniform Standards of Professional Appraisal Practice as defined in Section 475.611, F.S.	(u)(t) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(u)(t) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(v)(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	(v)(u) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(v)(u) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(w)(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	(w)(v) $250 $1,000 to $2,500 administrative fine and 90-day suspension to revocation	(w)(v) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(x)(w) Section 475.42(1)(a), F.S. Practice without a valid and current license	(x)(w) $250 $1,000 to $2,500 administrative fine and 90-day suspension to revocation	(x)(w) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(y)(x) Section 475.42(1)(b), F.S. Practicing beyond scope as a sales associate	(y)(x) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(y)(x) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(z)(y) Section 475.42(1)(c), F.S. Broker employs a sales associate who is not the holder of a valid and current license	(z)(y) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(z)(y) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(aa)(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	(aa)(z) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(aa)(z) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(bb)(aa) Section 475.42(1)(f), F.S. Makes false affidavit or affirmation or false testimony before the Commission	(bb)(aa) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(bb)(aa) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(cc)(bb) Section 475.42(1)(g), F.S. Fails to comply with subpoena	(cc)(bb) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension	(cc)(bb) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(dd)(cc) Section 475.42(1)(h)or 455.227(1)(r), F.S. Obstructs or hinders the enforcement of Chapter 475, F.S. or improperly interfering with investigation or inspection or disciplinary proceeding	(dd)(cc) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(dd)(cc) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(ee)(dd) Section 475.42(1)(i), 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)(dd) $250 to $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and 2-year suspension revocation	(ee)(dd) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(ff)(ee)Section 475.42(1)(j), F.S. Failed to register trade name with the Commission	(ff)(ee) $250 to $1,000 administrative fine	(ff)(ee) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(gg)(ff) Section 475.42(1)(k)or 455.227(1)(i), F.S. No person shall knowingly conceal information relating to violations of Chapter 475, F.S. or failing to report violations to the Department	(gg)(ff) $250 to $1,000 administrative fine and 90-day suspension	(gg)(ff) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(hh)(gg) Section 475.42(1)(l), 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)(gg) $250 to $1,000 administrative fine and 90-day suspension	(hh)(gg) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(ii)(hh) Section 475.42(1)(m), 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)(hh) $250 to $1,000 administrative fine and 90-day suspension	(ii)(hh) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(jj)(ii) Section 475.42(1)(n), F.S. Publication of false or misleading information; promotion of sales, leases and rentals	(jj)(ii) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(jj)(ii) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(kk)(jj) 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)(jj) $250 to $1,000 administrative fine and 90-day suspension	(kk)(jj) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(ll)(kk) 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)(kk) $250 to $1,000 administrative fine and 90-day suspension	(ll)(kk) $2,500 1,000 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(mm)(ll) 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 Chapter 475, F.S.	(mm)(ll) $250 to $1,000 administrative fine and 30-day suspension to $2500 administrative fine and 2-year suspension revocation	(mm)(ll) $2,500 1,000 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(nn) Section 475.2755, F.S., Failure to require required designated sales associate disclosure notice	(nn) $1,000 administrative fine and 30-day suspension to $2500 administrative fine and 90-day suspension	(nn) $2.500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(oo) Section 475.278(1)(a), F.S.,
1. 475.278(1)(b), F.S. Failure to establish a single brokerage or agent relationship in writing	i. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension	i. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
2.  475.278(2), F.S., Violation of duties of transaction broker	ii. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension	ii. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
3.  475.278(3), F.S., Violation of single agent duties or disclosure requirements	iii. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension	iii. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
4. 475.278(4), F.S., Violation of brokerage relationship	iv. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension	iv. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(pp) Section 455.227(1)(o), F.S., Practicing or offering to practice beyond scope or accepting responsibilities not competent to perform	(pp) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension	(pp) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(qq) Section 455.227(1)(g), F.S. Found guilty of knowingly filing false report or complaint against another licensee	(qq) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension	(qq) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(rr) Section 455.227(1)(j), F.S., Aiding, assisting, employing, or advising unlicensed person or activity	(rr) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension	(rr) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation
(ss)(mm) Section 455.227(1)(s), F.S. Failing to comply with the educational course requirements for domestic violence	(ss)(mm) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(ss)(mm) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(tt)(nn) 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	(tt)(nn) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(tt)(nn) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation
(uu)(oo) 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	(uu)(oo) $250 to $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension revocation	(uu)(oo) $2,500 1,000 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(4) No change. 

Rulemaking Authority 455.2273, 475.05, 475.2801 FS. Law Implemented 455.227, 455.2273, 475.22, 475.24, 475.25, 475.2755, 475.278, 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,

11-15-12,                  .

 

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 resident licensee failed to notify the Commission of becoming a nonresident as prescribed	$600.00300.00
(b) Sections 475.17(2)(a), 475.17(3)(a), 475.17(4)(a), F.S., Rules 61J2-3.008 and 61J2-3.009, F.A.C. – failed to provide the required number of classroom hours for an approved or prescribed course	$1,000.00500.00
(c) Section 475.175(2), F.S. and Rule 61J2-3.015, F.A.C. – failed to provide a course completion report to a student	$250.00100.00
(d) Section 475.22(1), F.S. and Rule 61J2-10.022, F.A.C. – failed to maintain the required office as prescribed	$1,000.00500.00
(e) Section 475.22(1), F.S. – failed to maintain the required office entrance sign	$250.00100.00
(f) Section 475.22(2), F.S. – failed to register an out of state Florida broker’s office	$1,000.00500.00
(g) Section 475.24, F.S., and Rule 61J2-10.023, F.A.C. – failed to register a location as a branch office	$400.00200.00
(h) Section 475.25(1)(k), F.S. and subsection 61J2-14.010(1), F.A.C. – failed to immediately deposit trust funds provided the deposit is not more than 3 days late	$400.00200.00
(i) 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.)	$600.00300.00
(j) 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	$400.00200.00
(k) 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	$1,000.00500.00
(l) Section 475.42(1)(i), F.S. – having a lis pendens placed by an attorney (Citation may be issued only if no other violation is present)	$1,000.00500.00
(m) Section 475.42(1)(j), 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	$1,000.00500.00
(n) Section 475.451(3), F.S. – failed to obtain a multiple permit	$1,000.00500.00
(o) Section 475.4511(2), F.S. – advertised false, inaccurate, misleading, or exaggerated information	$1,000.00500.00
(p) Paragraph 61J2-3.009(4)(d), F.A.C. – failed to have a distance education course instructor available per published schedule	$600.00300.00
(q) Subsection 61J2-3.008(5)(a), F.A.C. – failed to inform students of course standards and requirements	$250.00100.00
(r) 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	$400.00200.00
(s) Rule 61J2-5.016, F.A.C. – sales associate or broker associate serving as an officer or director of a registered brokerage corporation	$400.00200.00
(t) 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	$1,000.00500.00
(u) 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	$1,000.00500.00
(v) Rule 61J2-10.026, F.A.C. – failed to follow the requirements for team or group advertising; a citation shall only be issued for a second violation of the rule committed after July 1, 2019	$1,000.00500.00
(w) 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	$600.00300.00
(x) 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	$250.00100.00
(y) 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	$250.00100.00
(z) 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	$250.00100.00
(aa) 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	$1,000.00500.00
(bb) Paragraph 61J2-14.008(2)(b), F.A.C. – Second offense failure to indicate the name, address and telephone number of the title company or attorney on the contract	$250.00100.00
(cc) No change .
(dd) No change.
(ee) Subsection 61J2-14.014(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	$600.00300.00
(ff) No change.
(gg) No change.
(hh) Failure to register a school location- Section 475.451(3), F.S.	$500.00
(ii) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer	$250.00100.00
(jj) Rule 61J2-17.015, F.A.C. – failed to post the required language regarding recruitment for employment; recruiting for employment opportunities during class time or failure to ensure language is visible for a virtual live or online course.	$600.00300.00

(3) through (5) No change.

Rulemaking Authority 475.05, 475.2801 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, 11-15-12, 10-16-16, 2-11-19, 9-23-20,                   .

 

61J2-24.003 Notification of Noncompliance.

(1) Pursuant to Sections 455.225(3) and 120.695, F.S., the Commission sets forth below those statutes and rules which are considered minor violations for which the DBPR shall provide a licensee, registrant or permitholder with a notice of noncompliance. A violation is considered a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The notice of noncompliance shall only be issued for an initial offense of a listed minor violation. For purposes of this rule, the descriptions of the violations listed below are abbreviated and the statute or rule that is listed should be consulted for a complete description of the prohibited conduct.

(a) through (e) No change.

(f) Section 475.24, F.S. – failure to register a branch office.

(g) Section 475.451(3), F.S - failure to register a school location.

(f) through (m) renumbered as (h) through (o) No change.

(p)(f) Subsections 61J2-10.032(1) and (2), F.A.C. – failure to perform the required act within the stated time frame but does so no later than 30 days after the stated time frame.

(q)(g) Rule 61J2-10.034, F.A.C. – failure to register a trade name with the Division of Real Estate.

(r)(h) Rule 61J2-14.012, F.A.C. – failure to sign the escrow account reconciliation if the account balances.

(s)(i) Subsection 61J2-14.014(2), F.A.C. – failure to stop interest from accruing prior to disbursement.

(t)(j) Section 475.451(8), F.S. – failure to keep registration records, course, rosters, attendance records, a file copy of each examination and progress test, and all student answer sheets for a period of at least 3 years subsequent to the beginning of each course and make them available to the department for inspection and copying upon request.

(u)(k) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer.

(v)(l) Rule 61J2-17.015, F.A.C. – improper recruiting; failure to post the required statement or failure to have statement visible during virtual live or online course.

(w)(m) Rule 61J2-10.026, F.A.C. – for a first violation, failure to adhere to team advertising requirements after July 1, 2019.

(x) Rule 61J2-

(2) through (3) No change.

Rulemaking Authority 475.05, 475.2801 FS. Law Implemented 120.695, 455.225(3) FS. History–New 1-9-94, Amended 1-1-96, 11-10-97, 6-30-98, 10-25-98, 9-17-00, 7-4-06, 6-15-09, 2-11-19, 9-23-20,                 .

 

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: December 15, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 18, 2021