The purpose of the amendments to the rule is to update and revise the language regarding types of applications and renewals, as well as revise certain fees.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NO.:RULE TITLE:

61J2-1.011License Fees

PURPOSE AND EFFECT: The purpose of the amendments to the rule is to update and revise the language regarding types of applications and renewals, as well as revise certain fees.

SUMMARY: Revise language relating to applications and renewals, as well as required fees.

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, 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: 455.219, 475.05, 475.125, 475.24 FS.

LAW IMPLEMENTED: 215.34(2), 455.219, 475.04, 475.125, 475.15, 475.182, 475.24, 475.451 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:

 

Substantial rewording of Rule 61J2-1.011 follows.  See Florida Administrative Code for present text.

61J2-1.011 License Fees.

(1) Every person, partnership, limited liability partnership, corporation or limited liability company deemed and held to be a licensee under Chapter 475, F.S., must register with the Florida Real Estate Commission (Commission) and must secure a license for each license period.

(2) The application fee shall be as follows:

(a) Broker	$14.75
(b) Sales Associate	$14.75
(c) School Instructor	$14.75

 

(3) Effective July 1, 2021, the biennial fees for licensure shall be as follows:

(a) Broker	$72.00
(b) Sales Associate	$64.00
(c) School Instructor	$64.00

 

(4) Effective July 1, 2021, the biennial fees for permits shall be as follows:

(a) Real Estate School	$104.00
(b) Real Estate School Additional Location	$45.00

(5) The fees for each application submitted by an entity, sponsor, organization and individual equivalent offering education courses shall be as follows:

(a) Education offering	$80.00
(b) For each biennial education course offering renewal	$80.00

 

(6) Effective July 1, 2021, the initial registration and biennial renewal fees for registration of a corporation, partnership, limited liability company or limited liability partnership shall be as follows:

(a) Corporation, partnership, limited liability company or limited liability partnership	$72.00
(b) Branch office for a corporation, partnership, limited liability company or limited liability partnership	$64.00

 

(7) Fees shall be charged for the following purposes:

(a) Change of Individual License to Professional Association or Professional Association to Individual License	$30.00
(b) Late fee	$25.00

 

(8) Fees for worthless payment instrument (check, draft, order of payment, debit card order, or electronic funds transfer):

(a) Pursuant to Section 68.065, Florida Statutes, if the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, the following service fees shall be charged:

1. Face value does not exceed $50.00	$25.00
2. Face value exceeds $50.00 but does not exceed $300.00	$30.00
3. Face value exceeds $300.00	$40.00 or 5% of the value of the payment instrument, whichever is greater.

(b) Pursuant to Chapter 68.065, Florida Statutes, if the payee of a payment instrument, the payment of which is    refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, the following service fees shall be charged:

(9) The fee and the time of payment for an inactive license shall be the same as for an active license, as set forth in paragraph (3) of this rule; however, there is no inactive branch office license.

(10) No later than December 31, 2026, the Commission shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs. Failure by the Commission to act in accordance with this provision will result in the expiration of this rule on December 31, 2026.

Rulemaking Authority 455.219, 475.05, 475.125, 475.24 FS. Law Implemented 215.34(2), 455.219, 475.04, 475.125, 475.15, 475.182, 475.24, 475.451, 68.065 FS. History–New 10-10-79, Amended 1-1-80, 4-14-81, 9-13-82, 10-19-83, 8-12-84, 10-13-85, Formerly 21V-1.11, Amended 2-1-87, 1-1-88, 5-5-88, 10-13-88, 9-10-89, 1-4-90, 2-13-90, 3-27-90, 8-21-90, 10-9-90, 1-13-91, 8-19-91, 7-1-93, Formerly 21V-1.011, Amended 7-1894, 12-17-95, 12-30-97, 1-19-99, 4-18-99, 2-24-00, 11-17-03, 3-8-05, 12-6-07, 8-18-08, 5-8-13, 6-29-14, 9-16-15, 9-13-16, 9-27-17, 8-15-19, 12-31-19,_______.

 

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 22, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 13, 2021