FREC Considering Some Additions to Advertising Rules

TALLAHASSEE, Fla. – The Florida Real Estate Commission (FREC) held a workshop on July 22, during which participants and FREC commissioners discussed possible changes to rule 61J2-10.025, which governs advertising.

FREC has another workshop planned for Sept. 22, 2021, and will consider those proposed changes again. According to Florida Realtors’ lawyers, members should review the proposed language carefully because the change may impact some Realtors’ day-to-day practice as it relates to advertising efforts.

FREC is accepting comments about the proposed changes. They should be sent to FREC’s Executive Director Giuvanna Corona no later than Sept. 1, 2021. Realtors with comments are also encouraged to attend the Sept. 22 workshop either virtually or in-person.

Proposed language to be considered on Sept. 22

FREC Preliminary Language For Consideration
Workshop September 22, 2021
Comments Due To Executive Director By September 1, 2021

61J2-10.025 Advertising.

1. All advertising must be in a manner in which reasonable persons would know they are dealing with a real estate licensee. All real estate advertisements must include the licensed name of the brokerage firm. No real estate advertisement placed or caused to be placed by a licensee shall be fraudulent, false, deceptive or misleading.
2. When the licensee’s personal name appears in the advertisement, at the very least the licensee’s last name must be used in the manner in which it is registered with the Commission.
3. (3)(a) When advertising on a site on the Internet, or by any other electronic means, including but not limited to SMS or any digital messaging services of any kind, the brokerage firm name as required in subsection (1), above, shall be placed adjacent to or immediately above or below the point of contact information. “Point of contact information” refers to any means by which to contact the brokerage firm or individual licensee including mailing address(es), physical street address(es), email address(es), telephone number(s) or facsimile telephone number(s).
4. (b) The remaining requirements of subsections (1) and (2), apply to advertising on a site on the Internet or by any other electronic means, including but not limited to SMS or any digital messaging services of any kind.

Rulemaking Authority 475.05, 475.25(1)(c) FS. Law Implemented 475.01, 475.25(1)(c), 475.4511 FS. History–New 1-1-80, Amended 2-17-81, 3-14-85, Formerly 21V-10.25, Amended 12-29-91, 7-20-93, Formerly 21V-10.025, Amended 4-18-99, 7-4-06, 2-5-07.

Download all FREC rule changes discussed at the July 22 meeting.

© 2021 Florida Realtors®