During a routine office inspection, a dre investigator finds a minor violation that does not endanger the health, safety, or welfare of the public and is a first-time violation. the investigator must identify the statute or rule violated, show how it can be corrected, and allow the broker 15 days to correct the violation. this is
The Correct Answer and Explanation is:
Correct Answer: Notice of Noncompliance
Explanation
When a Division of Real Estate (DRE) investigator discovers a minor violation during a routine office inspection—one that does not endanger the health, safety, or welfare of the public, and is also a first-time offense—the proper course of action is to issue a Notice of Noncompliance.
The Notice of Noncompliance is an official notification used by the Florida Real Estate Commission (FREC) to address minor infractions. It is outlined in Section 455.225(3), Florida Statutes, and further supported by FREC Rule 61J2-24.003. The rule is designed to encourage compliance without imposing harsh penalties for initial, low-risk infractions.
The process works as follows:
- The DRE investigator identifies the specific statute or rule that has been violated.
- The violation must be on the list of minor violations approved by FREC. These are generally clerical or administrative in nature—such as failing to maintain up-to-date office signage or not including a license number in advertisements.
- The investigator must explain how the violation can be corrected and give the broker or licensee 15 days from the date of the notice to correct the issue.
If the broker corrects the violation within the given timeframe, no disciplinary action is taken, and the issue is resolved administratively. However, failure to correct the violation within 15 days may escalate the matter into a formal disciplinary proceeding.
This approach is meant to be educational rather than punitive, promoting regulatory compliance in a fair and reasonable manner—especially when there is no risk to the public and the violation is not intentional or repeated.
In conclusion, the Notice of Noncompliance balances enforcement with fairness, offering licensees an opportunity to correct innocent mistakes without severe consequences.
