61J2-24.003: Notice of Noncompliance
PURPOSE AND EFFECT: The purpose of this notice is to review for possible changes to bring the rules into compliance with statutory changes.
SUMMARY: The purpose of this notice is to review for possible changes to bring the rules into compliance with statutory changes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Costs 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: 475.05 FS.
LAW IMPLEMENTED: 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 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:
61J2-24.003 Notification of Noncompliance.
(1)(a) through (d) No change.
(e) Subsection 61J2-5.019(1), F.A.C. – failure to ensure that the corporation or partnership is properly registered; failure to ensure each officer, director and sales associate is properly licensed.
(f) Rule 61J2-10.023, F.A.C. – failure to register a branch office.
(e)(g) Rule 61J2-10.024, F.A.C. – failure to maintain the office entrance sign as required.
(h) Subsection 61J2-10.025(1), F.A.C. – failure to use the brokerage firm name in an advertisement.
(i) Subsection 61J2-10.025(2), F.A.C. – failure to use the licensee’s last name in an advertisement.
(f)(j) 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.
(g)(k) Rule 61J2-10.034, F.A.C. – failure to register a trade name with the Division of Real Estate.
(h) Paragraph 61J2-14.008(2)(b), F.A.C. – initial offense of failure to indicate the name, address and telephone number of the title company or attorney on the contract will receive a notice of non-compliance without citation for a period of twelve months after the effective date of this rule.
(i) Paragraph 61J2-14.008(2)(b), F.A.C. – initial offense of failure to notify provide Seller’s broker, or Seller if not presented by a broker, within ten (10) business days of the date the Licensee’s broker made the written request for verification of the deposit with either a copy of the written verification, or if no verification is received by Licensee’s broker, written notice that Licensee’s broker did not receive verification of the deposit, will receive a notice of non-compliance without citation for a period of twelve months after the effective date of this rule.
(j)(l) Rule 61J2-14.012, F.A.C. – failure to sign the escrow account reconciliation if the account balances.
(k)(m) Subsection 61J2-14.014(2), F.A.C. – failure to stop interest from accruing prior to disbursement.
(l)(n) Section 475.451(8), F.S. Subsections 61J2-17.012(1) and (3), F.A.C. – 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 maintain the course roster as required.
(o) Subsection 61J2-17.012(2), F.A.C. – failure to deliver the course roster as required.
(p) Subsection 61J2-17.013(2), F.A.C. – failure to obtain a permit for a school location.
(m)(q) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer.
(n)(r) Rule 61J2-17.015, F.A.C. – improper recruiting; failure to post the required statement.
(s) Section 475.25(1)(m), F.S., and Rule 61J2-3.009, F.A.C. – renewed license without having complied with Rule 61J2-3.009, F.A.C., and voluntarily notified the DBPR within thirty (30) days after the renewal cycle ended.
(2) through (3) No change.
Specific Authority 475.05 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,_________.