Real Estate Commission – What’s New

ANNOUNCEMENTS – GENERAL

Rule 61J2-10.032(4), F.A.C. – Notices Requirements 

SUMMARY – The purpose of the amendment is to update the rule to no longer reference a federal rule and procedure which does not appear to be current

“(4) Brokers who are entrusted with an earnest money deposit (EMD), pursuant to a residential sales contract utilized by the Department of Housing and Urban Development (HUD) in the sale of property owned by HUD, shall comply with the EMD requirements of the specific HUD contract, and are not required to follow the notice or settlement procedures of section 475.25(1)(d)1., F.S., and subsection (1) of this rule. The broker is to follow HUD’s Agreement to Abide, Broker Participation Requirements, and 24 C.F.R. s. 291.135 as they pertain to the proper disposition of EMDs.”

Rulemaking Authority 475.05, 475.25 FS. Law Implemented 83.49(3)(d), 475.25 FS. History–New 10-13-85, Formerly 21V-10.32, Amended 2-18-92, 12-8-92, 6-28-93, Formerly 21V-10.032, Amended 11-16-93, 6-6-94, 8-6-96, 11-10-97, 1-17-02,                  .

Effective Date: December 8, 2020

61J2-10.038(1)(2), F.A.C. – Mailing Address: Place of Practice: Requirement for Notification

SUMMARY – The purpose of the amendment is to update the rule to ensure statutory mandates are fully implemented

“(1) Pursuant to section 455.275(1), F.S., the Commission defines “current mailing address” as the current residential address which is used by a licensee or permit holder to receive mail through the United States Postal Service and 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 BPR in writing of the current mailing and e-mail address and any change in the current mailing or e-mail 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. History–New 4-9-95,     Amended.

Effective Date: December 8, 2020

Rule 61J2-3.015(6)(a)(b), F.A.C. – Notices of Satisfactory Course Completion

SUMMARY: The Commission proposed the rule amendment in order to update the rule text regarding removal of the requirement to provide the last five digits of the social security number.

Last 5 digits of Social Security Number

Effective Date: December 14, 2020