Fla. Admin. Code Ann. R. 61-31.603 - Notice of Noncompliance
(1) As an
alternative to the provisions of Sections 455.255(1) and (2), F.S., the
Department may provide a licensee with a notice of noncompliance for an initial
offense of a minor violation.
(2) A
notice of non-compliance may be issued for the following minor violations:
(a) Offers to perform any mold assessment or
remediation in violation of Section
468.8419(1)(b),
F.S.
(b) Advertising goods or
services in a manner that is fraudulent, false, deceptive or misleading in form
or content in violation of Section
468.842(1)(f),
F.S.
(3) This designation
of minor violations for the purposes of Section
455.225(3),
F.S., is limited to initial violations in which corrective action is commenced
within 15 days of the Department's issuance of a notice of noncompliance. The
violation must be corrected within 15 days. If it cannot be corrected within 15
days, the licensee must move with due diligence to complete the corrective
action. A violation for which the licensee fails to take corrective action
within 15 days after notice shall no longer be deemed a minor violation and
shall be treated as a citation violation, pursuant to Rule
61-31.604, F.A.C. Violations of
this section, except as provided herein, shall be handled in accordance with
the standard disciplinary guidelines. Nothing provided in this section shall
restrict the Department from seeking full prosecution in such instances where
aggravating circumstances are present which would preclude a minor violation
dismissal.
Notes
Rulemaking Authority 455.2035, 455.225(3) FS. Law Implemented 120.695(2), 160.695(2), 455.225, 468.8419, 468.842 FS.
New 1-30-14.
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