Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-24 - DISCIPLINARY MATTERS › Section 61J2-24.002 - Citation Authority

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 455.224, F.S., the Commission
				sets forth violations for which there is no substantial threat to the public
				health, safety, and welfare; or, if there is a violation for which there is no
				substantial threat to the public health, safety, and welfare, such potential
				for harm has been removed prior to the issuance of the citation. Next to each
				violation is the fine or other conditions to be imposed. 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.
(2) The
				following violations with accompanying fine or other conditions may be disposed
				of by citation:
VIOLATION
FINE
(a) Section
							 475.180(2)(a),
							 F.S. - a resident licensee failed to notify the Commission of becoming a
							 nonresident as prescribed
$600.00
(b) Sections
							 475.17(2)(a),
							 475.17(3)(a),
							 475.17(4)(a),
							 F.S., Rules 61J2-3.008 and
							 61J2-3.009, F.A.C. - failed to
							 provide the required number of classroom hours for an approved or prescribed
							 course
$1, 000.00
(c) Section
							 475.175(2),
							 F.S. and Rule 61J2-3.015, F.A.C. - failed to
							 provide a course completion certificate to a student after previously receiving
							 a Notice of Noncompliance
$250.00
(d) Rule
							 61J2-3.015, F.A.C. - school
							 failed to retain copy of course completion certificate for retention period
							 required by rule after previously receiving a Notice of Noncompliance.
$250.00
(e) Section
							 475.22(1), F.S.
							 and Rule 61J2-10.022, F.A.C. - failed to
							 maintain the required office as prescribed
$1, 000.00
(f) Section
							 475.22(1), F.S.
							 - failed to maintain the required office entrance sign
$250.00
(g) Section
							 475.22(2), F.S.
							 - failed to register an out of state Florida broker's office
$1, 000.00
(h) Section
							 475.24, F.S., and Rule
							 61J2-10.023, F.A.C. - failed to
							 register a location as a branch office
$400.00
(i) Section
							 475.25(1)(k),
							 F.S. and subsection 61J2-14.010(1),
							 F.A.C. - failed to immediately deposit trust funds provided the deposit is not
							 more than 3 days late
$400.00
(j) Section
							 475.25(1)(q),
							 F.S. - failed to give the appropriate disclosure or notice at the appropriate
							 time under the provisions of Section
							 475.2755 or
							 475.278, F.S. (A citation may
							 only be given for a first time violation.)
$600.00
(k) Section
							 475.25(1)(r),
							 F.S. - failed to include the required information in a listing agreement;
							 failed to give a copy to a principal within 24 hours; contains a self renewal
							 clause
$400.00
(l) Section
							 475.42(1)(b),
							 F.S. - sales associate operating as a sales associate without a registered
							 employer due to failure to renew or properly register
$1, 000.00
(m) Section
							 475.42(1)(i),
							 F.S. - having a lis pendens placed by an attorney (Citation may be issued only
							 if no other violation is present)
$1, 000.00
(n) Section
							 475.42(1)(j),
							 F.S. and Rule 61J2-10.034, F.A.C. - operated
							 as a broker under a tradename without causing the trade name to be noted in the
							 records of the Commission
$1, 000.00
(o) Section
							 475.451(3),
							 F.S. - failed to obtain a multiple permit
$1, 000.00
(p) Section
							 475.4511(2),
							 F.S. - advertised false, inaccurate, misleading, or exaggerated
							 information
$1, 000.00
(q) Paragraph
							 61J2-3.009(4)(d),
							 F.A.C. - failed to have a distance education course instructor available per
							 published schedule
$600.00
(r) Subsection
							 61J2-3.008(5)(a),
							 F.A.C. - failed to inform students of course standards and requirements
$250.00
(s) Subsection
							 61J2-3.015(2),
							 F.A.C. - failed to provide a course completion report to a student; if a
							 licensee, as the result of an audit/inspection, failed to provide a course
							 completion report to the DBPR
$400.00
(t) Rule
							 61J2-5.016, F.A.C. - sales
							 associate or broker associate serving as an officer or director of a registered
							 brokerage corporation
$400.00
(u) Subsection
							 61J2-5.019(1),
							 F.A.C. - failed to ensure that the corporation or partnership is properly
							 registered; failed to ensure each officer, director and sales associate is
							 properly licensed
$1, 000.00
(v) Rule
							 61J2-10.025, F.A.C. - advertised
							 in a manner in which a reasonable person would not know one is dealing with a
							 real estate licensee or brokerage; failed to include the registered name of the
							 brokerage firm in the advertisement; failed to use the licensee's last name as
							 registered with the Commission in an advertisement
$1, 000.00
(w) Rule
							 61J2-10.026, F.A.C. - failed to
							 follow the requirements for team or group advertising; a citation shall only be
							 issued for a second violation of the rule committed after July 1, 2019
$1, 000.00
(x) Rule
							 61J2-10.027, F.A.C. - used the
							 name or identification of an association or organization when the licensee was
							 not in good standing or otherwise not entitled to use same
$600.00
(y) Subsection
							 61J2-10.032(1),
							 F.A.C. - broker failed to notify the Commission within the prescribed 15
							 business days but does so within 25 business days; or, if a Notice of
							 Noncompliance has been issued pursuant to rule
							 61J2-24.003, F.A.C., and not
							 timely complied with, failed to notify the Commission within 45 days but does
							 so within 55 days
$250.00
(z) Subsection
							 61J2-10.032(1) and
							 (2), F.A.C. - broker failed to institute a
							 settlement procedure within the prescribed 30 business days but does so within
							 40 business days; or, if a Notice of Noncompliance has been issued pursuant to
							 Rule 61J2-24.003, F.A.C., and not
							 timely complied with, failed to institute a settlement procedure within 60 days
							 but does so within 70 days
$250.00
(aa) Subsection
							 61J2-10.032(2),
							 F.A.C. - broker failed to notify the Commission that the dispute settled or
							 went to court, or of the final accounting and disbursement within the
							 prescribed 10 business days but broker does so within 20 business days; or, if
							 a Notice of Noncompliance has been issued pursuant to Rule
							 61J2-24.003, F.A.C., and not
							 timely complied with, failed to notify the Commission that the dispute settled
							 or went to court, or of the final accounting and disbursement within 40 days
							 but does so within 50 days
$250.00
(bb) Rule
							 61J2-10.038, F.A.C. - failed to
							 timely notify the DBPR of the current mailing address or any change in the
							 current mailing address
$1, 000.00
(cc) Paragraph
							 61J2-14.008(2)(b),
							 F.A.C. - Second offense failure to indicate the name, address and telephone
							 number of the title company or attorney on the contract
$250.00
(dd) Paragraph
							 61J2-14.008(2)(b),
							 F.A.C. - Second offense failure to provide Seller's broker, or Seller if not
							 represented 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
$500.00
(ee) Subsection
							 61J2-14.012(2),
							 F.A.C. - failed to properly reconcile an escrow account when the account
							 balances
$500.00
(ff) Subsection
							 61J2-14.014(1),
							 F.A.C. - failed to secure the written permission of all interested parties
							 prior to placing trust funds in an interest bearing escrow account
$600.00
(gg) Subsection
							 61J2-14.014(2),
							 F.A.C. - failed to stop interest from accruing prior to disbursement
$100.00
(hh) Subsection
							 61J2-17.013(1),
							 F.A.C. - guaranteed that a pupil would pass an examination
$500.00
(ii) Failure to register a school location
$500.00
(jj) Rule
							 61J2-17.014, F.A.C. - improper
							 use of a guest lecturer
$250.00
(kk) Rule
							 61J2-17.015, F.A.C. - failed to
							 post the required language regarding recruitment for employment; recruiting for
							 employment opportunities during class time
$600.00
(3)
				Citations may be issued to real estate licensees, permit holders, and
				registrants by the Division of Real Estate.
(4) Citations are to be served upon the
				subject either by personal service or certified mail, restricted delivery, to
				the subject's last known address.
(5) The subject has 30 days from the date the
				citation becomes a final order to pay the fine. All fines are to be made
				payable to the "Department of Business and Professional Regulation - R. E.
				Citations" and sent to the Division of Real Estate in Orlando. A copy of the
				citation shall accompany the payment of the fine.
Rulemaking Authority
					 475.05,
					 475.2801,
					 475.2801 FS. Law Implemented
					 455.224,
					 475.25(1)
					 FS.
New 12-29-91, Amended 4-16-92, 1-20-93, 6-28-93, Formerly
					 21V-24.002, Amended 8-23-93, 4-7-94, 4-12-95, 7-5-95, 2-13-96, 6-5-96, 7-23-96,
					 1-22-97, 3-30-97, 11-10-97, 3-24-98, 7-1-98, 10-25-98, 1-19-99, 1-18-00,
					 10-15-00, 2-21-02, 2-5-04, 1-30-06, 7-20-09, 11-15-12, 10-16-16, 2-11-19,
					 9-23-20, 5-10-22, 3-2-23.