Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-24 - DISCIPLINARY MATTERS › Section 61J2-24.003 - Notification of Noncompliance

Current through Reg. 50, No. 138; July 16, 2024
(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) Paragraph
				61J2-3.009(4)(d),
				F.A.C. - failure to have a distance education instructor available.
(b) Subsection
				61J2-3.008(5)(a),
				F.A.C. - failure to inform students of course standards and
				requirements.
(c) Subsection
				61J2-3.015(2),
				F.A.C. - failure to provide a course completion certificate to a
				student.
(d) Subsection
				61J2-3.015(2),
				F.A.C. - failure by school to retain copy of course completion certificate for
				required retention period.
(e) Rule
				61J2-5.016, F.A.C. - sales
				associate or broker associate serving as officer or director of a registered
				brokerage corporation.
(f) Section
				475.22(1), F.S.
				- failure to maintain the office entrance sign as required.
(g) Section
				475.24, F.S. - failure to
				register a branch office.
(h)
				Section 475.451(3), F.S
				- failure to register a school location.
(i) Rule
				61J2-10.034, F.A.C. - failure to
				register a trade name with the Division of Real Estate.
(j) Rule
				61J2-14.012, F.A.C. - failure to
				sign the escrow account reconciliation if the account balances.
(k) Subsection
				61J2-14.014(2),
				F.A.C. - failure to stop interest from accruing prior to
				disbursement.
(l) 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.
(m) Rule
				61J2-17.014, F.A.C. - improper
				use of a guest lecturer.
(n) Rule
				61J2-17.015, F.A.C. - improper
				recruiting; failure to post the required statement.
(o) Rule
				61J2-10.026, F.A.C. - for a
				first violation, failure to adhere to team advertising requirements after July
				1, 2019.
(p) 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) Rule
				61J2-10.034, F.A.C. - failure to
				register a trade name with the Division of Real Estate.
(r) Rule
				61J2-14.012, F.A.C. - failure to
				sign the escrow account reconciliation if the account balances.
(s) Subsection
				61J2-14.014(2),
				F.A.C. - failure to stop interest from accruing prior to
				disbursement.
(t) 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) Rule
				61J2-17.014, F.A.C. - improper
				use of a guest lecturer.
(v) 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) Rule
				61J2-10.026, F.A.C. - for a
				first violation, failure to adhere to team advertising requirements after July
				1, 2019.