(1) In accordance with Sections 456.073(3) and 120.695, F.S., the Department is authorized to issue a notice of noncompliance as a first response to a minor rule violation that does not result in economic or physical harm to a person or adversely affect the public health, safety, and welfare, when it is reasonable to assume that the violator was unaware of the rule or unclear as to how to comply with it. Failure of a licensee to take action to correct the minor rule violation within 15 days of receipt of the noncompliance notice shall result in either the issuance of a citation pursuant to Fl. Admin. Code R. 64B8-55.002, when appropriate, or the initiation of regular disciplinary proceedings pursuant to Chapters 456 and 478, F.S. A timely and successful response to a notice of noncompliance is not a first offense for purposes of a citation or regular discipline.
    (2) The minor rule violations for which the Board authorizes the Department to issue a notice of noncompliance for a first offense are:
    (a) Failure to maintain on file with the Council the current address at which any notice required by law may be served by the Department, the Board, the Council, or its agents, as required by Fl. Admin. Code R. 64B8-50.008
    (b) Failure to comply with any one of the display or record-keeping provisions required by subsection 64B8-51.006(4), F.A.C. Failure to comply with more than one of said provisions shall render the licensee not eligible for a notice of noncompliance.
Rulemaking Authority 120.695, 456.073(3), 486.025 FS. Law Implemented 120.695, 456.073(3) FS. History-New 10-18-17.