Citation

Definition: Statements of alleged violations and the penalties to be imposed.

Pronunciation: \sī-ˈtā-shən\

Used in a Sentence: He received a citation for not notifying the DBPR of his change of address in a timely manner.

Understanding FREC Citations: A Detailed Look

FREC citations play a crucial role in the disciplinary actions issued by the Florida Real Estate Commission against licensees who violate Florida Statutes or administrative rules. These citations are less severe than suspensions or revocations but signify a formal acknowledgment of misconduct.

Citation Authority and Process

The FREC has the authority to issue citations for specific violations that do not pose a substantial threat to public health, safety, and welfare. These violations and their corresponding fines are detailed in administrative rule 61J2-24.002.

• Issuance and Response: The Division of Real Estate (DRE) issues a citation when a citable offense is identified, outlining the violation and fine. The licensee has 30 days to accept the citation and pay the fine or file a written objection.

• Acceptance and Final Order: Acceptance of the citation requires the fine to be paid within 30 days, concluding the disciplinary process without further action.

• Objection and Investigation: An objection initiates an investigation, similar to a complaint process, with evidence review by the probable-cause panel.

• Public Record: A citation becomes part of the licensee's public record, highlighting its potential impact on professional reputation.

Examples of Citable Offenses

One common citable offense is:

• Failure to Notify of Address Change: A licensee who fails to promptly update the DBPR with address changes can receive a citation and a $1,000 fine for the first offense. Keeping contact information current is crucial to avoid disciplinary actions.

For a comprehensive list of citable offenses, refer to administrative rule 61J2-24.002 on the Florida Administrative Rules website.

Citations in Context: A Spectrum of Disciplinary Actions

Citations are part of a spectrum of disciplinary measures used by the FREC.

• Less Severe Penalties: Unlike suspensions or revocations, citations offer milder consequences for minor violations.

• Notice of Noncompliance: For minor first-time offenses not harmful to the public, a Notice of Noncompliance may be issued, requiring corrective action without a fine or public record impact.

• More Severe Penalties: Serious violations can result in fines up to $5,000, suspension, or license revocation.

For a detailed understanding of FREC's disciplinary procedures, consult rule 61J2-24.001.