To incorporate new and updated licensure forms into Rule 61-35.027.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.:RULE TITLE:

61-35.027Real Estate Forms

PURPOSE AND EFFECT: To incorporate new and updated licensure forms into Rule 61-35.027.

SUMMARY: New and updated forms are to be incorporated into Rule 61-35.027 via the adoption of amendments to the language of the Rule such that the improved forms will be used by Florida's real estate licensees.

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: Department staff conducted an analysis of the proposed rule’s potential impact and determined that it did not exceed any of the criteria established in s. 120.541(2)(a), F.S.

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: 20.165(8), 455.203, 455.213 FS.

LAW IMPLEMENTED: 455.271, 475.15, 475.161, 475.17, 475.175, 475.180, 475.181, 475.182, 475.183, 475.215, 475.23, 475.24, 475.451, 559.79 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: Nicholas Lee DuVal, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0772, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-35.027 Real Estate Forms.

The following forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, [phone]:

(1) Persons applying for a Sales Associate license shall use Form DBPR RE 1, Application for Sales Associate License, effective September 2017 April 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08575. http://www.flrules.org/Gateway/reference.asp?No=Ref-01993.

(2) Persons applying for a Broker license shall use Form DBPR RE 2, Application for Broker License, effective September 2017 October 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08576.

http://www.flrules.org/Gateway/reference.asp?No=Ref-01995.

(3) Persons applying for Real Estate Instructor permit shall use Form DBPR RE 3, Application for Real Estate Instructor Permit, effective September 2017 October 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08577.

http://www.flrules.org/Gateway/reference.asp?No=Ref-01997.

(4) Persons applying for a school permit shall use Form DBPR RE 5, Application for School Permit, effective September 2017 April 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08578.

http://www.flrules.org/Gateway/reference.asp?No=Ref-01998.

(5) Persons applying to change the status of their real estate school license shall use Form DBPR RE 6, Real Estate School Change of Status Transactions, effective September 2017 April 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08579.

http://www.flrules.org/Gateway/reference.asp?No=Ref-01999.

(6) Persons applying for a real estate company license shall use Form DBPR RE 7, Application for Real Estate Company, effective September 2017 April 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08580.

http://www.flrules.org/Gateway/reference.asp?No=Ref-02001.

(7) Persons applying to open, or close or request a duplicate license for of a branch office shall use Form DBPR RE 8, Application for Branch Office, effective September 2017 April 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08581.

http://www.flrules.org/Gateway/reference.asp?No=Ref-02002.

(8) Persons applying to open, or close or request a duplicate license for of an additional school location shall use Form DBPR RE 9, Application for Additional School Location, effective September 2017 April 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08582.

http://www.flrules.org/Gateway/reference.asp?No=Ref-02003.

(9) Persons requesting a demographic change or duplicate license/permit for real estate individuals shall use Form DBPR RE 10, Demographic Changes and Duplicate License for Real Estate Individuals, effective September 2017 October 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08583.

http://www.flrules.org/Gateway/reference.asp?No=Ref-02005.

(10) Persons applying for change of status for Sales and Broker Sales Associates shall use Form DBPR RE 11, Change of Status for Sales Associates and Broker Sales Associates, effective April 2012, adopted and incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-02006.

(11) Persons requesting real estate company/sole proprietor transactions shall use Form DBPR RE 12, Real Estate Company/Sole Proprietor Transactions, effective September 2017 April 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08584.

http://www.flrules.org/Gateway/reference.asp?No=Ref-02007.

(12) Persons requesting broker transactions shall use Form DBPR RE 13, Broker (BK) Transactions, effective September 2017 April 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08585.

http://www.flrules.org/Gateway/reference.asp?No=Ref-02008.

(13) Persons requesting multiple permits for an instructor shall use Form DBPR RE 14, Multiple Permit Request for Instructor, effective September 2017 April 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08586.

http://www.flrules.org/Gateway/reference.asp?No=Ref-02009.

(14) Persons applying to downgrade a Broker license to a Sales Associate license shall use Form DBPR RE 15, Revert Broker License to Sales Associate License, effective September 2017 April 2012, is adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08587.

http://www.flrules.org/Gateway/reference.asp?No=Ref-02010.

(15) Persons requesting Sales Associate or Broker Sales Associate transactions shall use Form DBPR RE 16, Sales Associate/Broker Sales Associate (SL/BL) Miscellaneous Transactions, effective September 2017 April 2012, is adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08588.

(16) Persons requesting to register a broker on a temporary, emergency basis shall use Form DBPR RE 17, Registration for Temporary Qualifying Broker, effective September 2017, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08589.

(17) Any person or organization requesting continuing education course approval shall use Form DBPR RE 18, Continuing Education Course Approval Application, effective September 2017, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08590.

(18) Any person or organization applying to provide continuing education shall use Form DBPR RE 19, Continuing Education Provider Approval Application, effective September 2017, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08591.

(19) Persons requesting to instruct continuing education courses shall use Form DBPR RE 20, Request for Instructor Evaluation, effective September 2017, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-08592.

Rulemaking Authority 20.165(8), 455.203, 455.213 FS Law Implemented 455.271, 475.15, 475.161, 475.17, 475.175, 475.180, 475.181, 475.182, 475.183, 475.215, 475.23, 475.24, 475.451, 559.79 FS. History–New 12-23-12, Amended                                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Nicholas Lee DuVal

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan Zachem, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 24, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 24, 2017