reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.034 - Trade Names

Current through Reg. 50, No. 138; July 16, 2024
An individual broker, partnership or corporation may use a
				  trade name and, if so, it must be disclosed upon the request for license, and
				  be placed upon the registration or license. The trade name shall not be, and
				  the Commission will refuse to issue a license containing a trade name which is
				  the same as the real or trade name of another registrant or licensee registered
				  or licensed with the Commission. No individual, partnership or corporation may
				  be registered under more than one trade name. The actual name of the individual
				  or an entity is not a trade name.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.15,
					 475.181,
					 475.42(1)(j)
					 FS.
New 6-28-93, Formerly
					 21V-10.034.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.035 - Sold Signs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.25
					 FS.
New 11-16-93, Repealed
					 10-1-02.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.036 - Agency Disclosure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05,
					 475.25 FS. Law Implemented
					 475.25
					 FS.
New 2-20-95, Repealed
					 11-10-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.037 - Transaction Broker Notice (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05,
					 475.25 FS. Law Implemented
					 475.25
					 FS.
New 2-20-95, Repealed
					 11-10-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.038 - Mailing Address: Place of Practice: Requirement for Notification

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				455.275(1),
				F.S., the Commission defines "current mailing address" as the current address
				which is used by a licensee or permit holder to receive mail through the United
				States Postal Service. The Commission defines "place of practice" as the
				physical location of the Real Estate Brokerage office established and
				maintained pursuant to Section
				475.22(1),
				F.S.
(2) Each licensee and permit
				holder is required to notify the Department in writing of the current mailing
				and email address and any change in the current mailing or email address within
				10 days after the change. A first time failure to comply with this requirement
				shall result in the issuance of a Citation; second or subsequent violations
				will result in disciplinary proceedings against the licensee.
Rulemaking Authority
					 455.275(1),
					 475.05 FS. Law Implemented
					 455.275
					 FS.
New 4-9-95, Amended
					 12-8-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.200 - Buyer's Affidavits; Form

Current through Reg. 50, No. 138; July 16, 2024
In order to implement sections
				  692.202(5)(c),
				  692.203(6)(c),
				  and 692.204(6)(c),
				  Florida Statutes, the Commission hereby establishes the following Forms of
				  Affidavits of Buyers of Property.
(1)
				Buyer's Affidavits. At the time of purchase, buyers of real property shall sign
				an affidavit under penalty of perjury attesting to the requirements of sections
				692.202-205, Florida Statutes. Such affidavits shall be signed by the buyers at
				the time of closing.
(2) Individual
				buyers shall use the following Affidavit, Part III, Ch. 692 F.S. - Conveyances
				to Foreign Entities - By Natural Person Buyer.
Affidavit
[Part III, Ch. 692 F.S. - Conveyances to Foreign Entities -
				  By Natural Person Buyer]
BEFORE ME
, the undersigned authority, duly
				  authorized to take acknowledgments and administer oaths, personally
				  appeared_______________________________ ("Affiant"), who deposes and says under
				  penalties of perjury that:
(When used "Affiant" includes singular or plural as context
				  so requires or admits.)
1. Affiant is
				purchasing or acquiring an interest in the following described real property:
[Insert Legal Description]
2. Affiant has been given the opportunity to
				consult with an attorney.
3.
				Affiant is (initial which is applicable):
Not a Foreign Principal as defined in s.
				  692.201, F.S., and is in
				  compliance with the requirements set out in ss. 692.202-205, F.S.
OR
A Foreign Principal as defined in s.
				  692.201, F.S., and is in
				  compliance with the requirements set out in ss. 692.202-205,
				  F.S.
4. Affiant acknowledges
				the foregoing representations will be relied upon to establish compliance with
				the law.
___________________________________________
(Affiant)
Print Name:_________________________________
Address: ___________________________________
STATE OF __________________________
COUNTY OF____________________
Sworn to (or affirmed) and subscribed before me by means of [
				  ] physical presence or [ ] online notarization this ___ day of _____, 20___,
				  by___________________ who [ ] is personally known or [ ] has produced
				  ______________ as identification.
[Notary Seal] ________________________________
Notary Public
Printed Name:_____________________
My Commission Expires:____________
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-14 - FUNDS ENTRUSTED TO BROKERS - DEPOSITS AND ESCROWS › Section 61J2-14.008 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) A
				"deposit" is a sum of money, or its equivalent, delivered to a real estate
				licensee, as earnest money, or a payment, or a part payment, in connection with
				any real estate transaction named or described in Section
				475.01(1)(a),
				F.S., or for the purpose of obtaining satisfaction, release, or assignment of
				mortgages, or quit claim or other deeds deemed necessary or desirable in
				acquiring or perfecting the title to real estate, or assembling interest
				therein, or such sum delivered in escrow, trust or on condition, in connection
				with any transaction conducted, or being conducted, by such licensee within the
				scope of Chapter 475, F.S.
(b) A
				deposit, as so defined, shall extend to and include not only cash, or currency,
				but any medium of exchange, or any securities to be converted into money,
				delivered for any of the purposes aforesaid, to be held or converted into cash
				or bank credits. A broker shall not be responsible for the payment of any check
				or draft, unless the broker, through culpable negligence, fails to deposit the
				same in the regular course of business, and the check or draft is not paid due
				to such culpable negligence, and damage results to some party entitled to
				complain of said culpable negligence.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-14 - FUNDS ENTRUSTED TO BROKERS - DEPOSITS AND ESCROWS › Section 61J2-14.009 - Real Estate Sales Associate

Current through Reg. 50, No. 138; July 16, 2024
Every sales associate who receives any deposit, as defined in
				  Rule 61J2-14.008, F.A.C., shall
				  deliver the same to the broker or employer no later than the end of the next
				  business day following receipt of the item to be deposited. Saturday, Sundays
				  and legal holidays shall not be construed as business days. Receipt by a sales
				  associate or any other representative of the brokerage firm constitutes receipt
				  by the broker for purposes of paragraph
				  61J2-14.008(3),
				  F.A.C.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.25(1)(k)
					 FS.
New 1-1-80, Formerly 21V-14.09, Amended 7-20-93, Formerly
					 21V-14.009, Amended 7-5-95, 11-10-97,
					 2-5-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-14 - FUNDS ENTRUSTED TO BROKERS - DEPOSITS AND ESCROWS › Section 61J2-14.010 - Real Estate Broker

Current through Reg. 50, No. 138; July 16, 2024
(1) Every broker
				who receives from sales associates, principals, prospects, or other persons
				interested in any real estate transaction, any deposit, fund, money, check,
				draft, personal property, or item of value shall immediately place the same in
				a bank, savings and loan association, trust company, credit union or title
				company having trust powers, in an insured escrow or trust account. The broker
				must be a signatory on all escrow accounts. If the brokerage entity has more
				than one broker licensee, then one broker licensee may be designated as the
				signatory. If the deposit is in securities, intended by the depositor to be
				converted into cash, the conversion shall be made at the earliest practical
				time, and the proceeds shall be immediately deposited in said
				account.
(2) A broker may place and
				maintain up to $1, 000 of personal or brokerage funds per each sales escrow
				account. A broker may place and maintain up to $5, 000 of personal or brokerage
				funds per each property management escrow account. Personal or brokerage funds
				in any escrow account shall not exceed $5, 000 per account. A broker shall be
				provided a reasonable amount of time to correct escrow errors if there is no
				shortage of funds and such errors pose no significant threat to economically
				harm the public. For purposes of this subsection, reasonable amount of time
				shall be defined as 30 days from the date the last reconciliation statement was
				performed or should have been performed.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.25(1)(d)1., (k) FS.
New 1-1-80, Formerly 21V-14.10, Amended 2-17-86, 10-13-88,
					 12-29-91, 6-28-93, Formerly 21V-14.010, Amended
					 2-5-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-14 - FUNDS ENTRUSTED TO BROKERS - DEPOSITS AND ESCROWS › Section 61J2-14.011 - Rights of Broker in Deposits

Current through Reg. 50, No. 138; July 16, 2024
A broker who receives a deposit shall not have any right to
				  or lien upon said deposit, except upon the written agreement or order of the
				  depositor so long as the depositor or depositor's legal representative has sole
				  control of said deposit, until the transaction involved has been closed, and no
				  person has any claim except the party ultimately to receive the same, in which
				  case the broker may deduct the agreed commission unless the amount or time of
				  payment is disputed. In case of a dispute as to the amount of the commission,
				  or the time of payment, the broker may retain only the amount of the claim in
				  said account and in trust, until the dispute is settled by agreement,
				  arbitration, mediation or court proceedings, as provided in Section
				  475.25(1)(d)1., Florida Statutes. A depositor has the right to demand return of
				  a deposit until such time as another party has acquired some interest or
				  equity, subject to the right to make an express agreement to compensate the
				  broker for time and expense incurred prior to a demand for the return of the
				  deposit; and such right to demand return of the deposit shall again accrue upon
				  a breach by the other party to the contract or agreement under which it is
				  held, or the expiration of the time fixed or a reasonable time, for performance
				  of the things necessary to establish the exclusive right of such other party to
				  said deposit. A broker shall not deliver the deposit to the other party to the
				  transaction until such transaction is closed, except as otherwise directed or
				  agreed to specifically by the depositor. The interested parties involved, other
				  than the broker, may by express agreement, alter the disposal of the deposit,
				  but the burden shall be on the broker to establish good faith in the matter if
				  such agreement is to the broker's advantage. The broker shall recognize and
				  comply with the joint directions of said parties in such cases, except where
				  the parties act in bad faith with intent to deprive the broker of a commission,
				  in which case the broker shall proceed as provided in Section 475.25(1)(d)1.,
				  Florida Statutes.
Specific Authority
					 475.05 FS. Law Implemented
					 475.25(1)(d)1., (k) FS.
New 1-1-80, Formerly 21V-14.11, Amended 6-28-93, Formerly
					 21V-14.011, Amended 2-5-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-14 - FUNDS ENTRUSTED TO BROKERS - DEPOSITS AND ESCROWS › Section 61J2-14.012 - Broker's Records

Current through Reg. 50, No. 138; July 16, 2024
(1) A broker who
				receives a deposit as previously defined shall preserve and make available to
				the BPR, or its authorized representative, all deposit slips and statements of
				account rendered by the depository in which said deposit is placed, together
				with all agreements between the parties to the transaction. In addition, the
				broker shall keep an accurate account of each deposit transaction and each
				separate bank account wherein such funds have been deposited. All such books
				and accounts shall be subject to inspection by the DBPR or its authorized
				representatives at all reasonable times during regular business
				hours.
(2) Once monthly, a broker
				shall cause to be made a written statement comparing the broker's total
				liability with the reconciled bank balance(s) of all trust accounts. The
				broker's trust liability is defined as the sum total of all deposits received,
				pending and being held by the broker at any point in time. The minimum
				information to be included in the monthly statement-reconciliation shall be the
				date the reconciliation was undertaken, the date used to reconcile the
				balances, the name of the bank(s), the name(s) of the account(s), the account
				number(s), the account balance(s) and date(s), deposits in transit, outstanding
				checks identified by date and check number, an itemized list of the broker's
				trust liability, and any other items necessary to reconcile the bank account
				balance(s) with the balance per the broker's checkbook(s) and other trust
				account books and records disclosing the date of receipt and the source of the
				funds. The broker shall review, sign and date the monthly
				statement-reconciliation.
(3)
				Whenever the trust liability and the bank balances do not agree, the
				reconciliation shall contain a description or explanation for the difference(s)
				and any corrective action taken in reference to shortages or overages of funds
				in the account(s). Whenever a trust bank account record reflects a service
				charge or fee for a non-sufficient check being returned or whenever an account
				has a negative balance, the reconciliation shall disclose the cause(s) of the
				returned check or negative balance and the corrective action
				taken.
Specific Authority
					 475.05 FS. Law Implemented
					 475.25(1)(d)1., (k), 475.5015
					 FS.
New 1-1-80, Formerly 21V-14.12, Amended 10-13-88, 7-19-89,
					 1-13-91, 6-28-93, Formerly 21V-14.012, Amended
					 11-10-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-14 - FUNDS ENTRUSTED TO BROKERS - DEPOSITS AND ESCROWS › Section 61J2-14.014 - Interest-Bearing Escrow Accounts

Current through Reg. 50, No. 138; July 16, 2024
(1) A broker is
				allowed to place escrow funds in an interest-bearing account. The placement of
				escrow monies in an interest-bearing account, designation of the party who is
				to receive the interest, and the time the earned interest must be disbursed,
				must be done with the written permission of all the parties to the transaction.
				Said escrow account must be in an insured account in a depository located and
				doing business in Florida.
(2) In
				order to disburse principal and interest to the designated party at the time
				agreed, the broker must first transfer said principal and interest to a
				non-interest-bearing escrow account before disbursement. In the event the
				broker is designated by all parties to receive the interest, only the principal
				is to be transferred to the non-interest-bearing escrow account for further
				disbursement. The interest is to be transferred directly to the broker's
				operating account.
(3) As an
				alternative to subsection (2) above, the broker may establish an individual
				interest-bearing escrow account for a specific transaction or sum of money. On
				the date agreed upon for disbursement of the principal and interest, the broker
				shall close the account with checks issued to the appropriate person(s) or
				business entity(ies) for the principal and interest.
Specific Authority
					 475.05 FS. Law Implemented
					 475.25(1)(k)
					 FS.
New 9-17-81, Formerly 21V-14.14, Amended 10-13-88, 4-16-91,
					 2-18-92, 11-8-92, 6-28-93, Formerly
					 21V-14.014.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-17 - REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS › Section 61J2-17.009 - Minimum Standard for Prelicense Course of Study (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.04,
					 475.05 FS. Law Implemented
					 475.451
					 FS.
New 1-1-80, Formerly 21V-17.09, Amended 6-28-93, Formerly
					 21V-17.009, Amended 11-24-97, Repealed
					 12-26-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-17 - REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS › Section 61J2-17.011 - School Instructor and Permit Holder Requirements and Qualifications

Current through Reg. 50, No. 138; July 16, 2024
(1) A person shall qualify for an
				instructor's permit by meeting the qualifications for practice set forth in
				Section 475.451(2)(b)1., F.S. "Extensive real estate experience" shall be
				defined as a minimum of three years of full-time experience as a broker. This
				experience must include having participated in closing at least five real
				estate transactions as a licensee, or as the employing broker of licensees, for
				either party to the transaction, within the 12-month period immediately
				preceding the filing of an instructor's application.
(2) A person shall qualify to be a school
				permit holder by meeting the qualifications for practice set forth in Section
				475.25(2)(a),
				F.S. The licensee must be a holder of a Florida Broker's license in order to
				satisfy the Broker license requirement in Section
				475.25(2)(a),
				F.S.
Rulemaking Authority 475.05, 475.451(2)(b)1.b. FS. Law
					 Implemented 475.451
					 FS.
New 10-13-88, Amended 1-13-91, 8-19-91, 6-28-93, Formerly
					 21V-17.011, Amended 11-24-97, 1-1-23.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-17 - REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS › Section 61J2-17.012 - School Records; Class Rosters (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.2123,
					 475.05 FS. Law Implemented
					 455.2123,
					 475.04,
					 475.17,
					 475.175,
					 475.451,
					 475.5015
					 FS.
New 2-25-93, Formerly 21V-17.012, Amended 11-24-97,
					 10-15-00, Repealed 10-3-02.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-17 - REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS › Section 61J2-17.013 - Interpretation of Particular Phrases

Current through Reg. 50, No. 138; July 16, 2024
Whenever used, the phrases set forth shall be construed as
				  follows:
(1) "To guarantee that its
				pupils will pass any examinations required for licensure" as prohibited by
				Section 475.451(3),
				F.S., and shall be construed to include, but without limitation, any
				representation, agreement, promise or understanding whereby a person enrolled
				in any school or course is to receive any refund of money or other thing of
				value if such person should fail the examination offered by the
				Department.
(2) "Each person,
				school, or institution" used in Section
				475.451(1),
				F.S., is construed to include only one address or location; and a person,
				school or institution, offering or conducting a course at more than one address
				or location, must obtain a permit for each address or
				location.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.451
					 FS.
New 6-28-93, Formerly 21V-17.013, Amended
					 6-30-22.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-17 - REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS › Section 61J2-17.014 - Guest Lecturers

Current through Reg. 50, No. 138; July 16, 2024
Guest lecturers may be used by a real estate school offering
				  Commission prescribed or approved equivalent courses so long as:
(1) Guest lecturers provide no more than 20%
				of the total course;
(2) An
				instructor licensed with such school is available on the
				premises.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.451(1), (2)(a),
					 (6)
					 FS.
New 6-28-93, Formerly 21V-17.014, Amended
					 6-30-22.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-17 - REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS › Section 61J2-17.015 - Required Communication by School Permit Holders

Current through Reg. 50, No. 138; July 16, 2024
(1) No real estate school, permit holder or
				instructor shall recruit for employment opportunities for any real estate
				brokerage firm during instructional time.
(2) Each school permit holder must post in
				every classroom and administrative area, and read at the beginning of each
				course, the following statement: "Recruiting for employment opportunities for
				any real estate brokerage firm must be accomplished outside the prescribed
				instructional time. Noncompliance should be reported to the
				Commission."
(3) 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
					 475.05 FS. Law Implemented
					 475.451(1), (2)(a),
					 (c)
					 FS.
New 6-28-93, Formerly 21V-17.015, Amended
					 11-3-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-17 - REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS › Section 61J2-17.016 - Renewal of Instructor Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				instructor permit shall be renewed on a biennial basis. The schedule for
				biennial renewal shall be as established in Rule
				61-6.001, F.A.C.
(2) Any permit which is not renewed at the
				end of the permit period established in Rule
				61-6.001, F.A.C., shall
				automatically revert to involuntarily inactive status pursuant to Section
				475.451(2)(b)3., F.S.
(3) An
				involuntarily inactive instructor permit holder must complete the following in
				order to obtain an active permit:
(a)
				Successfully complete the continuing education requirements of Rule
				61J2-3.011, F.A.C.
(b) Pay the required fee pursuant to
				subsection 61J2-1.011(4),
				F.A.C.
(c) Pay the late fee
				pursuant to paragraph
				61J2-1.011(8)(b),
				F.A.C.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-20 - RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION › Section 61J2-20.009 - Probable Cause Panel

Current through Reg. 50, No. 138; July 16, 2024
A probable cause panel shall determine if probable cause
				  exists that a licensee, registrant, a permit holder, or the subject of the
				  investigation violated Chapter 475, Part I, F.S., or any of the Commission's
				  rules. A probable cause panel shall consist of at least one present member of
				  the Commission. As provided in Section
				  455.225(4),
				  F.S., one of the panel members may be a former member of the
				  Commission.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 455.225
					 FS.
New 11-21-79, Amended 3-15-82, 11-16-83, Formerly
					 21V-20.09, Amended 6-28-93, Formerly 21V-20.009, Amended
					 11-8-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-20 - RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION › Section 61J2-20.040 - Membership

Current through Reg. 50, No. 138; July 16, 2024
(1) The Florida Real Estate Commission,
				created by Chapter 475, Part I, Florida Statutes, is a regulatory agency and
				performs its functions pursuant to Chapter 475, Part I, and such other
				functions as may be delegated by law. The Commission's membership as set forth
				in Chapter 475, Part I, Florida Statutes, shall consist of 7 members who shall
				elect from the members a chairperson and vice chairperson.
(2) Three consecutive unexcused absences or
				absences constituting 50 percent or more of the Commission's meetings within
				any 12-month period shall cause the membership in question to become void, and
				the position shall be considered vacant. An unexcused absence is one where no
				advance notice of an absence is given to the chairperson, vice chairperson or
				Director of the Division or, if there is advance notice of an absence, no
				explanation of the absence is given.
Specific Authority
					 475.05 FS. Law Implemented
					 455.207(3),
					 475.02
					 FS.
New 1-1-80, Formerly 21V-20.40, Amended 11-8-92, 7-20-93,
					 Formerly 21V-20.040.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-20 - RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION › Section 61J2-20.042 - Chairperson (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 475.05 FS. Law Implemented
					 120.53,
					 455.207
					 FS.
New 1-1-80, Formerly 21V-20.42, Amended 6-28-93, Formerly
					 21V-20.042, Repealed 9-6-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-20 - RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION › Section 61J2-20.047 - Official Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05 FS. Law Implemented
					 120.53,
					 475.021
					 FS.
New 1-1-80, Formerly 21V-20.47, Amended 6-28-93, Formerly
					 21V-20.047, Amended 11-10-97, Repealed
					 10-7-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-20 - RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION › Section 61J2-20.048 - Principal Office

Current through Reg. 50, No. 138; July 16, 2024
The principal office of the Commission shall be located at
				  400 West Robinson Street, Orlando, Florida 32801-1757. The Commission may also
				  be contacted through the Department of Business and Professional Regulation,
				  2601 Blair Stone Road, Tallahassee, Florida 32399-0796.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 455.205
					 FS.
New 1-1-80, Formerly 21V-20.48, Amended 7-20-93, Formerly
					 21V-20.048.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-20 - RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION › Section 61J2-20.049 - Commission Member Compensation

Current through Reg. 50, No. 138; July 16, 2024
Unless otherwise provided by law, a Commission member shall
				  be compensated $50.00 for each day in attendance at an official meeting of the
				  Commission, including Probable Cause Panel Meetings, and for each day the
				  member participates in any other business involving the Commission. "Other
				  business involving the Commission" shall be defined as:
(1) Attendance at instructors' seminars
				sponsored by the Commission.
(2)
				Appearances before a legislative committee, upon direction of the chairperson
				of the Commission or the chairperson of the Committee.
(3) Attendance at a meeting with the staff or
				contractors of the DBPR at the request of the Secretary of the DBPR or the
				Division Director.
(4) Attendance
				at a conference or trade association meeting in the capacity of a member of the
				Commission.
(5) Attendance at the
				Great American Realtor Days in Tallahassee in the capacity of a member of the
				Commission regarding legislation being promoted by the
				Commission.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 455.207(4)
					 FS.
New 9-17-81, Amended 10-19-83, Formerly 21V-20.49, Amended
					 10-15-91, 7-20-93, Formerly 21V-20.049, Amended 6-5-96,
					 12-24-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-20 - RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION › Section 61J2-20.051 - Authorized Signatures on Final Orders

Current through Reg. 50, No. 138; July 16, 2024
A Final Order of the Commission may be signed by either the
				  chairperson or vice chairperson of the Commission or the Division Director.
				  Serving on a probable cause panel does not preclude the chairperson or the vice
				  chairperson from signing a Final Order of the Commission.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 455.225(6),
					 475.03(1),
					 475.10
					 FS.
New 5-22-83, Formerly 21V-20.51, Amended 6-28-93, Formerly
					 21V-20.051.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-20 - RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION › Section 61J2-20.052 - Designation of Official Reporter

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Commission designates the Department of Business and Professional Regulation
				(DBPR) as its official reporter for the purpose of publishing and indexing by
				subject matter, after a proceeding has been held, all orders rendered which
				affect substantial interests.
(2)
				The DBPR maintains and stores such orders in the offices of the agency clerk at
				the Department of Business and Professional Regulation, 2601 Blair Stone Road,
				Tallahassee, Florida 32399-1000. The agency clerk's office is open to the
				public between the hours of 9:00 a.m. and 4:00 p.m., excluding holidays and
				weekends.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.021(1)
					 FS.
New 8-23-93, Amended 4-19-94,
					 12-24-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-20 - RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION › Section 61J2-20.054 - Public Comment

Current through Reg. 50, No. 138; July 16, 2024
The Florida Real Estate Commission invites and encourages all
				  members of the public to provide comment on matters or propositions before the
				  Commission or a committee of the Commission. The opportunity to provide comment
				  shall be subject to the following:
(1)
				Members of the public will be given an opportunity to provide comment on
				subject matters before the Commission after an agenda item is introduced at a
				properly noticed Commission meeting.
(2) Members of the public shall be limited to
				three (3) minutes to provide comment. This time shall not include time spent by
				the presenter responding to questions posed by Commission members, staff or
				Commission counsel. The chair of the Commission may extend the time to provide
				comment if time permits.
(3)
				Members of the public shall notify Commission staff in writing of their
				interest to be heard on a proposition or matter before the Commission. The
				notification shall identify the person or entity, indicate its support,
				opposition, or neutrality, and identify who will speak on behalf of a group or
				faction of persons.
Rulemaking Authority
					 286.0114 FS. Law Implemented
					 286.0114
					 FS.
New 8-3-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-23 - TIME-SHARE SALES › Section 61J2-23.002 - Time-share Resale Contract Disclosures

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to section
				475.42(1)(m),
				F.S., it shall be a violation of chapter 475, F.S., for any broker or
				salesperson to utilize any form of contract or purchase and sale agreement in
				connection with the resale of a time-share period unless the contract or
				purchase and sale agreement complies in all respects with the following
				provisions.
(2) All forms of
				contract or purchase and sale agreement utilized by a broker or salesperson in
				connection with the resale of a time-share period shall contain all of the
				following:
(a) An explanation of the form of
				time-share ownership being purchased and a legally sufficient description of
				the time-share period being purchased.
(b) The name and address of the managing
				entity of the time-share plan.
(c)
				The following statement in at least 10-point, capitalized type located
				immediately prior to the space in the contract reserved for the signature of
				the purchaser: THE CURRENT YEAR'S ASSESSMENT FOR COMMON EXPENSES ALLOCABLE TO
				THE TIME-SHARE PERIOD YOU ARE PURCHASING IS ___. THIS ASSESSMENT, WHICH MAY BE
				INCREASED FROM TIME TO TIME BY THE MANAGING ENTITY OF THE TIME-SHARE PLAN, IS
				PAYABLE IN FULL EACH YEAR ON OR BEFORE ___. THIS ASSESSMENT (INCLUDES/DOES NOT
				INCLUDE) YEARLY AD VALOREM REAL ESTATE TAXES, WHICH (ARE/ARE NOT) BILLED AND
				COLLECTED SEPARATELY. (If ad valorem real property taxes are not included in
				the current year's assessment for common expenses, the following statement must
				be included: THE MOST RECENT ANNUAL ASSESSMENT FOR AD VALOREM REAL ESTATE TAXES
				FOR THE TIME-SHARE PERIOD YOU ARE PURCHASING IS ___.) EACH OWNER IS PERSONALLY
				LIABLE FOR THE PAYMENT OF HIS ASSESSMENTS FOR COMMON EXPENSES, AND FAILURE TO
				TIMELY PAY THESE ASSESSMENTS MAY RESULT IN RESTRICTION OR LOSS OF YOUR USE
				AND/OR OWNERSHIP RIGHTS. In making the disclosures required by this paragraph,
				the broker may rely upon information provided in writing by the managing entity
				of the time-share plan.
(d) The
				disclosure required by section
				721.06(1)(h),
				F.S., if applicable.
(e) A complete
				and accurate disclosure of the terms and conditions of the purchase and
				closing, including the obligations of the seller and/or the purchaser for
				closing costs and title insurance.
(f) A statement disclosing the existence of
				any mandatory exchange program membership included in the time-share
				plan.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-24 - DISCIPLINARY MATTERS › Section 61J2-24.004 - Mediation

Current through Reg. 50, No. 138; July 16, 2024
(1) "Mediation" means a process, pursuant to
				Section 455.2235, F.S., whereby a
				mediator appointed by the DBPR acts to encourage and facilitate resolution of a
				legally sufficient complaint. It is an informal process with the objective of
				assisting the complainant and subject of the complaint to reach a mutually
				acceptable resolution.
(2) The
				Commission finds that mediation is an acceptable method of dispute resolution
				for the following violations as they are economic in nature or can be remedied
				by the subject of the complaint:
(a) Failure
				to maintain office or sign at entrance of office pursuant to Section
				475.22, F.S.
(b) Failure to register a branch office
				pursuant to Section 475.24, F.S.
(c) Failed to deliver to a licensee a share
				of a real estate commission if the licensee has obtained a civil judgment and
				the judgment has not been satisfied pursuant to Section
				475.25(1)(d),
				F.S.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-24 - DISCIPLINARY MATTERS › Section 61J2-24.005 - Revocation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 455.227,
					 475.05 FS. Law Implemented
					 455.227
					 FS.
New 2-13-96, Amended 4-28-98, 2-5-04, Repealed
					 12-21-14.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-24 - DISCIPLINARY MATTERS › Section 61J2-24.006 - Probation

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless otherwise stated in the final
				order a term of probation shall be ninety (90) days, to commence thirty (30)
				days after the filing of the final order.
(2) If a respondent is unable to complete the
				requirements of probation within the ninety (90) days or such other time
				specified in the final order, the Division Director is authorized to grant a
				one-time one hundred eighty (180) days extension for the following reasons:
(a) Illness;
(b) Unavailability of a required
				course.
(c) Economic hardship. This
				means that the respondent has completed all requirements of probation except
				for the payment of fines or costs and is presently unable to
				pay.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-26 - NONRESIDENT LICENSURE › Section 61J2-26.001 - Examination Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) The Florida
				Real Estate Commission has determined that it is in the best interest of the
				public's welfare to ensure a nonresident seeking licensure in this State,
				pursuant to s. 475.180, Florida Statutes, is
				knowledgeable in Florida law, statutes and administrative rules. To properly
				ensure such applicant has this knowledge, a written examination will be
				mandatory. This examination will consist of 40 questions, with each question
				being worth one (1) point. An applicant who receives a grade of 30 points or
				higher shall be deemed to have successfully completed the examination
				requirement for nonresident licensure.
(2) The subject area of the examination shall
				consist of general real estate license law. While knowledge of all subject
				areas is required, particular emphasis will be placed on Chapters 455 and 475,
				Florida Statutes, and on the rules of the Florida Real Estate Commission found
				in Chapter 61J2 of the Florida Administrative Code.
(3) This examination will be required of all
				applicants for nonresident licensure, regardless of jurisdiction, and shall
				become a part of each written agreement implementing the provisions of s.
				475.180, Florida
				Statutes.
Specific Authority
					 475.05,
					 475.180 FS. Law Implemented
					 475.180
					 FS.
New 11-6-94.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-26 - NONRESIDENT LICENSURE › Section 61J2-26.002 - Residency

Current through Reg. 50, No. 138; July 16, 2024
The Florida Real Estate Commission recognizes that
				  nonresidents of Florida may have a lesser opportunity than Florida residents to
				  avail themselves of the education, experience, and examination requirements
				  necessary for Florida licensure, and that such nonresidents may therefore apply
				  for licensure under s.
				  475.180(1),
				  Florida Statutes, as implemented in Rule Chapter 61J2-2, Florida Administrative
				  Code. For purposes of s.
				  475.180(1),
				  Florida Statutes, a "resident" of Florida is defined as:
(1) a person who has resided (regardless of
				whether the place or base of residence is a recreational vehicle, hotel, rental
				unit, or any other temporary or permanent situs) in Florida, continuously for a
				period of 4 calendar months or more, within the preceding one year;
				or
(2) a person who presently
				resides (regardless of whether the place or base of residence is a recreational
				vehicle, hotel, rental unit, or any other temporary or permanent situs) in
				Florida, with the intention to reside continuously in Florida for a period of 4
				months or more, commencing on the date that the person began the current period
				of residence in Florida.
Specific Authority
					 475.05,
					 475.180 FS. Law Implemented
					 475.180
					 FS.
New 11-6-94.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-26 - NONRESIDENT LICENSURE › Section 61J2-26.003 - Post-License and Continuing Education

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Florida Real Estate Commission has determined that it is in the best
				interest of the public welfare that a non-resident securing licensure pursuant
				to s. 475.180, Florida Statutes, keep
				abreast of current Florida law. To properly ensure such knowledge subsequent to
				securing licensure through s. 475.180, Florida Statutes, the non-resident
				licensee must satisfy post-license and continuing education requirements as
				follows:
(a) All applicants for non-resident
				licensure must satisfactorily complete a Commission prescribed or approved
				post-license educational course prior to the first renewal following licensure.
				The standards and requirements for the post-license education course will be in
				accordance with Rule 61J2-3.020, Florida
				Administrative Code.
(b) Subsequent
				to the first renewal period, all non-resident licensees are required to
				satisfactorily complete the continuing education requirements pursuant to Rule
				61J2-3.009, Florida
				Administrative Code. The standards and requirements for continuing education
				will be in accordance with Rule
				61J2-3.009, Florida
				Administrative Code.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2ER20 - EMERGENCY RULE FOR YEAR 2020 › Section 61J2ER20-3 - Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses

Current through Reg. 50, No. 138; July 16, 2024
For the duration of this Emergency Rule, all Florida Real
				  Estate Commission approved providers of Prelicensure, Post-Licensure,
				  Continuing Education, or School Instructor educational courses may deliver any
				  such course, previously approved by the Commission for in-person / live
				  delivery, through live streaming / online webinar / videoconferencing
				  technologies. Providers may only utilize this process during the effective
				  period of this rule, ninety (90) days from the effective date. After the
				  expiration of this emergency rule, providers must apply, following current
				  procedures, to offer the course through distance learning methods. In addition,
				  each provider delivering pre- or post- licensure education courses must make
				  provision for the required end-of-course examination to be delivered through
				  electronic methods that do not require a student's physical presence.
Rulemaking Authority: 455.2123, 475.05, 475.17, 475.182,
					 475.183(3), 475.451, FS. Law Implemented: 455.2123, 455.2178, 475.04, 475.17,
					 475.182, 475.183, 475.451, FS.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2ER20 - EMERGENCY RULE FOR YEAR 2020 › Section 61J2ER20-7 - Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses

Current through Reg. 50, No. 138; July 16, 2024
For the duration of this Emergency Rule, all Florida Real
				  Estate Commission approved providers of Prelicensure, Post-Licensure,
				  Reactivation, Continuing Education, or School Instructor educational courses
				  may deliver any such course, previously approved by the Commission for
				  in-person / live delivery, through live streaming / online webinar /
				  videoconferencing technologies. Providers may only utilize this process during
				  the effective period of this rule, ninety (90) days from the effective date.
				  After the expiration of this emergency rule, providers must apply, following
				  current procedures, to offer the course through distance learning methods. In
				  addition, each provider delivering education courses which require an end of
				  course examination must make provision for the required end-of-course
				  examination to be delivered through electronic methods that do not require a
				  student's physical presence.
Rulemaking Authority: 455.2123, 475.05, 475.17, 475.182,
					 475.183(3), 475.451, FS. Law Implemented: 455.2123, 455.2178, 475.04, 475.17,
					 475.182, 475.183, 475.451, FS.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2ER20 - EMERGENCY RULE FOR YEAR 2020 › Section 61J2ER20-11 - Use of Live Streaming Technology for Delivery of Approved In-Person Education Courses

Current through Reg. 50, No. 138; July 16, 2024
For the duration of this Emergency Rule, all Florida Real
				  Estate Commission approved providers of Prelicensure, Post-Licensure,
				  Reactivation, Continuing Education, or School Instructor educational courses
				  may deliver any such course, previously approved by the Commission for
				  in-person / live delivery, through live streaming / online webinar /
				  videoconferencing technologies. Providers may only utilize this process during
				  the effective period of this rule, which ends on December 31, 2020. After the
				  expiration of this emergency rule (January 1, 2021), providers must apply,
				  following current procedures, to continue offering an approved in-person/live
				  course through a synchronous live streaming technology platform. In addition,
				  each provider delivering education courses which require an end of course
				  examination must make provision for the required end-of-course examination to
				  be delivered through electronic methods that do not require a student's
				  physical presence.
Rulemaking Authority: 455.2123, 475.05, 475.17, 475.182,
					 475.183(3), 475.451, FS. Law Implemented: 455.2123, 455.2178, 475.04, 475.17,
					 475.182, 475.183, 475.451, FS.