61-30.603 Notice of Noncompliance.

(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 rule or statutory obligation or is unclear as to how to comply with it.

(2) A notice of non-compliance may be issued for the following minor violations:

(a) Failure to provide a copy of the home inspector’s license; and 

(b) Disclosure of the scope and exclusions of a home inspection prior to contracting for or commencing a home inspection, in violation of Section 468.8321, F.S.

(3) This designation of violations as minor 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, then corrective action must be commenced within 15 days and 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 offense, pursuant to Rule 61-30.604, 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.

Rulemaking Authority 455.225(3) FS. Law Implemented 455.225, 468.832, 120.695(1) FS. History‒New 10-22-13.