The Board proposes an amendment that updates the penalty to $500.00 per violation for schools failing to retain course completion certificates for the retention period required by the rule after Notices of Noncompliance ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NO.:RULE TITLE:

61J2-24.001Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes an amendment that updates the penalty to $500.00 per violation for schools failing to retain course completion certificates for the retention period required by the rule after Notices of Noncompliance and Minor Violations are issued.

SUMMARY: The proposed rule amendment updates the disciplinary penalty guideline regarding failure to retain course competition certificates for the required time period.

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 Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board 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, 475.2801 FS.

LAW IMPLEMENTED: 455.227, 455.2273, 475.22, 475.24, 475.25, 475.2755, 475.278, 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 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) 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 (uu) No Change.
(vv) Rule 61J2-3.015, F.A.C. School failing to retain course completion certificate for retention period required by rule.	(vv) $500 administrative fine per violation.	(vv) Same.

(4)(a) Through (b) 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, 5-10-22,­­­­­­­­­­­­­­­­­­_____________________________.

 

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: November 16, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 23, 2022