Section 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.Fla. Admin. Code Ann. R. 61-31.603
Rulemaking Authority 455.2035, 455.225(3) FS. Law Implemented 120.695(2), 160.695(2), 455.225, 468.8419, 468.842 FS.