Florida Administrative Code

Rulemaking Authority 468.402(3) FS. Law Implemented 455.203, 468.404(1), 468.406(2), 468.407(1), 468.408, 468.410(3), 468.412(6) FS. History-New 7-27-87, Amended 7-6-88, 9-9-91, Formerly 21-19.010, Repealed 9-20-15.

(1) Citations shall be issued pursuant to Section 455.224, F.S. (2) Citations shall be issued by the Bureau of Investigative Services, and when necessary, after review by the Bureau of Legal Services. (a) The field investigative staff shall complete a BPR Uniform Complaint Form (…

(1) Definitions. (a) "Charge" or "Charges." These terms refer to the official document in any criminal proceeding, whether styled an "Information," "Indictment," or otherwise, which document specifies the charges against the defendant, and which document is filed in any court of …

(1) Changing an Active License to an Inactive License and Renewal of an Inactive License. A licensee desiring to maintain a valid license but who will not be providing community association management services for a period of time, may change the status of his/her license to inac…

Rulemaking Authority 455.02(2), 468.4315(3) FS. Law Implemented 455.02(2) FS. History-New 4-25-05, Repealed 10-10-17.

(1) A corporation, association or other organization or entity which engages in, or is desirous of engaging in, the business of community association management shall be registered under this rule and shall employ only licensed persons in the direct provision of community managem…

Rulemaking Authority 455.207(3) FS. Law Implemented 455.207(3) FS. History-New 6-18-02, Repealed 10-10-17.

(1) Aggravating and Mitigating Circumstances. The department shall be entitled to deviate from the disciplinary guidelines provided by this rule upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the department prior to the imp…

(1) Definitions. As used in this rule: (a) "Citation" means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule; (b) "Subject" means the lice…

The following alleged violations may be resolved by mediation: (1) Paragraph 61E14-2.001(2)(a), F.A.C., Failing to comply with the requirements of the governing documents by which the community association is created or operated. (2) Paragraph 61E14-2.001(3)(a), F.A.C., Withholdi…

Rulemaking Authority 468.4315(2), 468.433(2)(d) FS. Law Implemented 468.433(2)(d) FS. History-New 1-3-01, Transferred to 61E14-1.001.

Rulemaking Authority 468.4315 FS. Law Implemented 455.217, 468.433 FS. History-New 5-5-88, Amended 3-22-89, 8-17-89, 12-28-92, Formerly 7D-55.005, Amended 11-23-93, 10-9-94, Formerly 61B-55.005, Amended 5-4-97, 7-30-97, Transferred to 61E14-1.002.

Rulemaking Authority 468.4315(2), 455.217(2) FS. Law Implemented 455.217(2) FS. History-New 8-28-97, Transferred to 61E14-1.003.

Rulemaking Authority 455.217(3), 468.4315(2) FS. Law Implemented 455.217(3) FS. History-New 1-8-98, Transferred to 61E14-1.004.

Rulemaking Authority 468.4315(2) FS. Law Implemented 468.433, 468.436 FS. History-New 5-5-88, Amended 2-5-91, Formerly 7D-55.007, 61B-55.007, Amended 1-8-98, 5-31-99, Transferred to 61E14-2.001.

Rulemaking Authority 468.4315, 943.053 FS. Law Implemented 455.2171, 455.219(3), (6), 455.2281, 455.271, 468.4315(2), 468.433, 468.435, 943.053 FS. History-New 5-4-97, Amended 5-10-98, 9-9-98, 2-11-99, 3-13-00, 11-2-00, 1-3-01, 7-15-02, 12-14-03, 7-13-04, 6-26-06, Transferred to …

Rulemaking Authority 455.219(2) FS. Law Implemented 455.219(2) FS. History-New 6-18-02, Transferred to 61E14-3.002.

Rulemaking Authority 455.2123, 455.2124, 468.4315(2), 468.4336, 468.4337 FS. Law Implemented 455.2123, 455.2124, 468.4336, 468.4337 FS. History-New 5-5-88, Amended 3-22-89, 2-5-91, 12-28-92, Formerly 7D-55.008, 61B-55.008, Amended 10-18-99, 3-13-00, 2-21-01, 7-21-03, 4-25-05, 2-2…

Rulemaking Authority 468.4315(2), (3) FS. Law Implemented 455.2179, 468.4337 FS. History-New 5-14-98, Amended 3-13-00, 2-5-01, 3-19-01, Transferred to 61E14-4.002.

Rulemaking Authority 468.4315(2), 468.433 FS. Law Implemented 468.433, 468.4337 FS. History-New 3-13-00, Amended 2-5-01, 3-19-01, Transferred to 61E14-4.003.

Rulemaking Authority 468.4315 FS. Law Implemented 468.4338 FS. History-New 1-8-98, Amended 3-13-00, Transferred to 61E14-4.004.

Rulemaking Authority 468.4315(2), 468.433(2)(d) FS. Law Implemented 468.433(2)(d) FS. History-New 1-3-01, Transferred to 61E14-4.005.

(1) The following fee schedule is adopted by the Department of Business and Professional Regulation for the licensure of persons desiring to practice as an athlete agent pursuant to section 468.453, F.S. (a) Application Fee - $250.00. (b) Licensure Fee - $375.00. (c) Unlicensed A…

Rulemaking Authority 468.457 FS. Law Implemented 468.453, 468.454, 468.456 FS. History-New 1-4-89, Formerly 21-24.009, Repealed 6-30-15.

(1) When the Department finds a registrant whom it regulates under chapter 468, part IX, F.S., has committed any of the acts set forth in sections 468.453, 468.454, 468.456, and 468.45615, F.S., it shall issue a Final Order imposing appropriate penalties as recommended in the fol…

An individual seeking to become a licensed athlete agent shall submit a completed "Application for Licensure as an Athlete Agent," form number DBPR AA-4101, as incorporated by reference in subsection 61-35.004(1), F.A.C., together with all fees as set forth in rule 61-24.004, F.A…

Rulemaking Authority 287.0947(2) FS. Law Implemented 287.0947 FS. History-New 2-1-90, Formerly 21-27.001, Repealed 8-19-10.

Rulemaking Authority 287.0947(2), (3) FS. Law Implemented 287.0943, 287.0947 FS. History-New 2-1-90, Formerly 21-27.002, Repealed 8-19-10.

Rulemaking Authority 287.0947(2) FS. Law Implemented 287.0943(6) FS. History-New 2-1-90, Formerly 21-27.003, Repealed 8-19-10.

Rulemaking Authority 287.0947(2) FS. Law Implemented 287.0942(15) FS. History-New 2-1-90, Formerly 21-27.004, Repealed 8-19-10.

As used in this chapter, the following terms have the following meanings: (1) Additional Evaluation: Examination and analysis by a qualified professional engineer, contractor, tradesman or service technician beyond that provided by the home inspection. (2) Alarm Systems: Warning …

(1) The Department of Business and Professional Regulation shall issue a license to an applicant who complies with subsection (2) or (3) and complies with the following: (a) The requirements as set forth in Chapter 468, Part XV, F.S.; (b) Submits a completed Form DBPR HI 0401, "A…

(1) Any person desiring initial licensure by examination as a home inspector must pass one of the written examinations approved by the department which may be found at https://www2.myfloridalicense.com/examination-information/home-inspector-examinations/#1508178572419-8a15fd6e-22…

(1) Any license status not renewed prior to the end of each biennial renewal period will automatically convert to a delinquent status. (2) A licensee may convert a delinquent status license to active or inactive status by making a request in writing, remitting the fees as listed …

(1) A licensee may request during the renewal period to place his or her license in an inactive status by making a request in writing and remitting the required fees to the department. (2) Licensees who wish to convert an active status license to an inactive status license during…

(1) A license shall be renewed biennially on or before July 31 of even numbered years. (2) A licensee will renew a license, whether active or inactive, by paying a biennial license renewal fee of $100.00, an unlicensed activity fee of $5.00, and completing the continuing educatio…

(1) A former licensee may apply to seek department approval for reinstatement and activation of the previous license if the individual failed to renew his or her license due to illness or economic hardship by fulfilling the requirements in subsections (2) and (3) of this rule. (2…

(1) Applicants for prelicensure education or continuing education provider approval shall complete and submit Form DBPR HI 0403, "Application for Education Provider," effective Aug 2019, incorporated herein by reference, which may be obtained at www.myfloridalicense.com or by con…

(1) The course provider shall not offer any courses if the provider status is expired or under discipline. (2) The department retains the right and authority to audit and/or monitor programs and review records and course materials given by any provider approved pursuant to this r…

(1) Prelicensure and continuing education courses shall be valid for purposes of the licensure and continuing education requirement only if such courses have received approval from the Home Inspection Unit before the course is offered. (2) The department shall approve education c…

(1) Whenever the department finds a licensee in violation of a provision of chapter 455 or 468, part XV, F.S., the following Disciplinary Guidelines shall be followed. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited …

(1) As an alternative to the provisions of Sections 455.225(1) and (2), F.S., the department shall provide a licensee with a notice of noncompliance for an initial offense of a minor violation in any instance in which it is reasonable to assume that the licensee is unaware of the…

(1) The following violations may be resolved by the issuance of a citation pursuant to Section 455.224, F.S. and Chapter 61-30, F.A.C.: Violation Fine (a) Practice by an individual with an inactive or delinquent license in violation of Section 468.832(1)(i), F.S. $1,000.00 (b) Fa…

The following alleged violations may be resolved by mediation using the procedure adopted by the department pursuant to Section 455.2235, F.S.: (1) Section 468.832(1)(g), F.S., Committing fraud, deceit, negligence, incompetency or misconduct in the practice of home inspection rel…

(1) Home inspections performed to these Standards of Practice are intended to provide the client with information regarding the overall condition of installed systems and components of the home based on observation of the visible and apparent condition of the structure and compon…

(1) Structural system and components include the following: (a) Foundation; (b) Floor structure; (c) Wall structure; (d) Ceiling structure; (e) Roof structure; (f) Posts; (g) Beams; (h) Columns; (j) Joists; (k) Rafters; (l) Trusses; (m) Other framing; and (n) Ventilation of found…

(1) Electrical systems and components include the following: (a) Service entrance conductors, drip loop, cables, and raceways; (b) Main service equipment and main disconnects; (c) Service grounding; (d) Interior components of main service panels and sub panels; (e) Conductors; (f…