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Statement

Posted by MFRMLS Fri, 26 May 2006 17:59:00 GMT

 

      

Any matter not specifically addressed in these Rules and Regulations shall be governed by the policies and procedures set forth by the National Association of REALTORS® as from time to time amended as well as the Policies and Procedures established by MFRMLS.

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Article 1.1: Name

Posted by MFRMLS Fri, 02 Jun 2006 04:02:00 GMT

ARTICLE 1 – Name and Objective

Section 1:  Name.  The name of this organization shall be the My Florida Regional Multiple Listing Service Inc. (MFRMLS). All the shares of stock are solely and wholly-owned by the Bartow Board of REALTORS®, East Polk County Association of REALTORS®, Englewood Area Board of REALTORS®, Greater Tampa Association of REALTORS®, Lakeland Association of REALTORS®, Manatee Association of REALTORS®, Orlando Regional REALTOR® Association, Osceola County Association of REALTORS®, Pinellas REALTOR® Organization, Punta Gorda-Port Charlotte-Northport Association of REALTORS®, REALTORS® Association of Lake and Sumter Counties, Sarasota Association of REALTORS®, Venice Area Board of REALTORS®, West Pasco Board of REALTORS® and West Volusia Association of REALTORS®. (“Shareholder”)


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Article 1.2: Purpose

Posted by MFRMLS Fri, 02 Jun 2006 23:08:00 GMT

ARTICLE 1 – Name and Objective

Section 2.  Purpose.  MFRMLS is formed to promote, establish, foster, develop and preserve the highest standards of the real estate profession in Florida, through the operation of the MFRMLS. A Multiple Listing Service is a means by which authorized Participants make blanket unilateral offers of compensation to other Participants (acting as single agents formerly buyer agents) or in other agency or non agency capacities defined by law); by which cooperation among participants is enhanced; by which information is accumulated and disseminated to enable authorized Participants to prepare appraisals, analyses, and other valuations of real property for bona fide clients and customers; by which Participants engaging in real estate appraisal contribute to common databases; and is a facility for the orderly correlation and dissemination of listing information so participants may better serve their clients and the public. Entitlement to compensation is determined by the cooperating broker’s performance as a procuring cause of the sale (or lease).

 

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Article 1.3: Definition of MLS Participant

Posted by cburgess Tue, 20 Jan 2009 23:49:00 GMT

ARTICLE 1 – Name and Objective

Section 3:  Definition of MLS Participant.  Any REALTOR® of a Shareholder Association/Board, any other Association/Board or any non-Realtor who is a principal, partner, corporate officer, or branch office manager acting on behalf of a principal, without further qualification, except as otherwise stipulated in these rules, shall be eligible to participate in MFRMLS upon agreeing in writing to conform to the rules and regulations thereof and to pay the costs incidental thereto.* However, under no circumstances is any individual or firm, regardless of membership status, entitled to Multiple Listing Service “membership” or “participation” unless they hold a current, valid real estate broker’s license and offer or accept cooperation and compensation to and from other Participants or are licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property.

There can be only one designated Participant per company. The MLS Participant is responsible for ensuring that all affiliated Subscribers, including registered staff, broker or agent assistants, comply with the rules, regulations and policies of the Service.

** Use of information developed by or published by MFRMLS is strictly limited to the activities authorized under a Participant’s licensure(s) or certification and unauthorized uses are prohibited. Further, none of the foregoing is intended to convey “participation” or “membership” or any right of access to information developed by or published by a Board Multiple Listing Service where access to such information is prohibited by law.

Note: Mere possession of a broker’s license is not sufficient to qualify for MLS participation. Rather, the requirement that an individual or firm ‘offers or accepts cooperation and compensation’ means that the Participant actively endeavors during the operation of its real estate business to list real property of the type listed on the MLS and/or to accept offers of cooperation and compensation made by listing brokers or agents in the MLS. “Actively” means on a continual and on-going basis during the operation of the Participant’s real estate business. The ‘actively” requirement is not intended to preclude MLS participation by a Participant or potential Participant that operates a real estate business on a part time, seasonal, or similarly time-limited basis or that has its business interrupted by periods of relative inactivity occasioned by market conditions. Similarly, the requirement is not intended to deny MLS participation to a Participant or potential Participant who has not achieved a minimum number of transactions despite good faith efforts. Nor is it intended to permit an MLS to deny participation based on the level of service provided by the Participant or potential Participant as long as the level of service satisfies state law.

 The key is that the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation with respect to properties of the type that are listed on the MLS in which participation is sought. This requirement does not permit an MLS to deny participation to a Participant or potential Participant that operates a Virtual Office Website (“VOW”) (including a VOW that the Participant uses to refer customers to other Participants) if the Participant or potential Participant actively endeavors to make or accept offers of cooperation and compensation. An MLS may evaluate whether a Participant or potential Participant “actively endeavors during the operation of its real estate business” to “offer or accept cooperation and compensation” only if the MLS has a reasonable basis to believe that the Participant or potential Participant is in fact not doing so. The membership requirement shall be applied on a nondiscriminatory manner to all Participants and potential Participants. (Adopted by NAR 11/2008).

 

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Article 2.1: Realtor® Association Member Brokers

Posted by MFRMLS Fri, 02 Jun 2006 23:09:00 GMT


ARTICLE 2 - MEMBERSHIP QUALIFICATIONS 

Section 1:  REALTOR® Association Member Brokers.  All persons who are a sole proprietor Broker or a Designated Broker member, or are a principal, partner, corporate officer, or branch manager acting on behalf of a principal, of any Association of REALTORS® shall automatically qualify for membership and participation in MFRMLS upon agreeing in writing to conform to the rules and regulations there of and to pay the cost incidental there to. There shall be no "waiting period" before a Participant is eligible to submit listings to the Multiple Listing Service.

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Article 2.2: Non-REALTOR® Member Brokers

Posted by MFRMLS Fri, 02 Jun 2006 23:16:00 GMT

ARTICLE 2 - Membership Qualifications

Section 2:  Non-REALTOR® Member Brokers.  A non-member applicant for participation who is a principal, partner, corporate officer or branch office manager acting on behalf of a principal, shall supply evidence satisfactory to MFRMLS that they hold a current, valid real estate broker’s license and is capable of offering and accepting compensation to and from other Participants agrees to complete an orientation program, the MLS Basic and MLS Compliance 101 Classes and to abide by the Rules and Regulations and pay the fees and dues, including any non-member fee differential, as from time to time established. There shall be no waiting period before such applicants are eligible to participate. Voting privileges or eligibility for office as an MFR Director is not available to non-REALTORS®.

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Article 2.3: Access and Reciprocity

Posted by MFRMLS Fri, 02 Jun 2006 23:18:00 GMT


ARTICLE 2 - MEMBERSHIP QUALIFICATIONS


Section 3: Access and Reciprocity.  Multiple Listing Service participatory rights are available to any REALTOR® (principal) or any firm comprised of REALTORS® (principals) irrespective of where they hold primary membership, subject only to their agreement to abide by Multiple Listing Service Rules & Regulations; to arbitrate contractual disputes with other participants; and to pay the same Multiple Listing Service dues, fees, and charges assessed to Participants holding membership with a Shareholder Board/Association.

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Article 3.1: Orientation

Posted by MFRMLS Fri, 02 Jun 2006 23:21:00 GMT


ARTICLE 3 – ORIENTATION and TRAINING

Section 1: Any applicant for MLS participation and any licensee (including licensed or certified appraisers) affiliated with an MLS participant who has access to and use of MLS-generated information shall complete an orientation program of no more than eight (8) classroom hours devoted to the MLS rules and regulations and computer training related to MLS information entry and retrieval and the operation of the MLS within sixty (60) days after access has been provided.

 A. All Participants and Subscribers are required to take “MLS Basic” Class within 60 days of their application. Failure to take the required training will result in suspension of the MLS services. MFR and each Association will monitor the 60 day requirement period.

 

B.   Starting May 1, 2012; All New Participants and Subscribers are required to take “MLS Compliance 101” within 60 days of their application. All Participants and Subscribers are required to take the MLS Compliance 101 class every two years.  Any member that has not taken a class since December 31, 2013 must take the class by December 31, 2015 or a $50 extension fee will be assessed.  Any member needing to take the class that does not have credit by January 31, 2016 will be suspended until the class is taken and the extension fee is paid.  (Updated 11/2015)

 

C.  All Participants and Subscribers must complete the MFRMLS training class on the MLS Listing Maintenance module to be granted access to the listing entry and updating function. In addition, upon class completion, subscribers must submit a Broker Authorization Form signed by their Participant, whereas Participants are only required to complete the class to be granted access.

 
ARTICLE 3 – ORIENTATION and TRAINING


Section 2: Participants and subscribers may be required, at the discretion of the MLS, to complete additional training of not more than four (4) classroom hours in any twelve (12) month period when deemed necessary by the MLS to familiarize participants and subscribers with system changes or enhancement and/or changes to MLS rules or policies. Participants and subscribers must be given the opportunity to complete any mandated additional training remotely.

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Article 4.1: All Listings Subject to Rules and Regulations

Posted by MFRMLS Mon, 05 Jun 2006 20:50:00 GMT


ARTICLE 4 – RULES and REGULATIONS

Section 1:
All Listings Subject To Rules and Regulations.  Any listing filed with MFRMLS is subject to rules and regulations of MFRMLS within two business days, excluding weekends and federally recognized holidays, upon the latter of a) the dated signature of the owner(s) of record or b) the beginning date on the Listing Agreement.

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Article 4.2: Required Signatures on Listings and Changes

Posted by MFRMLS Mon, 05 Jun 2006 20:53:00 GMT


ARTICLE 4 – RULES and REGULATIONS

Section 2: Required Signatures on Listings and Changes.

A.    The signature(s) of all property owner(s) of record must be on the listing agreement and other required forms at the time the property is entered into the MLS. The penalty for non-compliance is outlined in the Automatic Fine Schedule, Level II (See Article 11/Section 4C).

B.   The signature(s) of all property owner(s) of record must be included on all changes in status, price changes, listing extensions and/or changes in terms.  In lieu of the owner’s signature(s), acceptable documentation would include a faxed authorization or an email authorization with an electronic signature from the owner(s). The penalty for non-compliance is outlined in the Automatic Fine Schedule, Level II (See Article 11/Section 4C).

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Article 4.3: Listing Price Specified

Posted by MFRMLS Mon, 05 Jun 2006 20:55:00 GMT


ARTICLE 4 – RULES and REGULATIONS


Section 3: Listing Price Specified.
The full listing price as stated in the listing contract must be indicated in the appropriate block of the MLS data form. See "Range Pricing" for exceptions.

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Article 4.4: Range Priced Listings

Posted by MFRMLS Mon, 05 Jun 2006 20:56:00 GMT


ARTICLE 4 – RULES and REGULATIONS

Section 4: Range Priced Listings.  Range Priced listings may be entered into the MLS by

A.    Selecting “Range Priced” in the appropriate field.

B.    Including a notation of the price range in which the owner(s) of record will consider offers in the first line of the Public Remarks as follows:  “Range Priced – Owner(s) of record will consider offer between $X (insert dollar amount) and $Y (insert dollar amount), with $Y being considered full list price."

C.   The list price must be the high price shown in the range and low price must be the low price shown in the range.

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Article 4.5: Listing Photos and Virtual Tours

Posted by MFRMLS Mon, 05 Jun 2006 20:58:00 GMT


ARTICLE 4 – RULES and REGULATIONS


Section 5:
Listing Photos and Virtual Tours.

A.    At least one front exterior photo or rendering, aerial photo, or water view from the property (unit) must be loaded before a listing will be active. The front exterior photo or rendering must be entered in the 1st photo slot of the listing on all property types unless the 1st slot is an  aerial photo or an exterior photo of a water view from the property (unit), in which case the front exterior photo must be in the 2nd slot. 

i.  The sellers’ have the ability to withhold photographs from the MLS after written authorization is provided to the listing Broker/Agent and then supplied to the MFR’s administration department. A logo will be added when written authorization is received that states “Photo not available per seller’s direction”. (Adopted 6/2011)


B.  The only exception is vacant land listings which must have a photo or an aerial photo, rendering, site plot or plat map in the listing’s 1st photo slot. Photographs, images, virtual tours and/or renderings submitted by a Participant or Subscriber shall not be copied by other Participants or Subscribers for use in a subsequent listing of the same property without first obtaining a proper license the owner of such photographs, virtual tour or renderings. Images not licensed or purchased by the listing broker/agent will result in a fine as outlined in the General Fine Schedule (See Article 11/Section 4B).

C.  There must be at least one front exterior photo, rendering, aerial photo or water view photo on loaded on each listing before it will be released into “Active” status.  Front exterior photos must show a majority of the total home/building and the broker’s yard signage may not be visible in the photo/image. The penalty for non-compliance is outlined in the General Fine Schedule (See Article 11/Section 4B).

D.  Photos, images or virtual tours may not contain company or agent logos, agent photos, commissions, bonuses, contact information for the agent or office, text, or graphics of any kind (with the exception of copyright ©) in the virtual tour or photo sections. Only photographs, site plot, property sketch, property line art or survey of the property can be entered in the virtual tour and all photo fields. All images including virtual tour photos and images must be owned, purchased or licensed by the listing broker/agent, from the owner of the image(s).  The third-party virtual tour vendor’s contact information (non-interactive) is the only contact information allowed on Virtual Tours. The virtual tour link must be a valid URL and may not contain any Participant/User names or links to any third party business or social networking sites. The penalty for non-compliance is twice the original amount outlined in the General Fines Schedule (See Article 11/Section 4B). (Amended 8/2016)

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Article 4.6: Listing Remarks

Posted by MFRMLS Mon, 05 Jun 2006 21:00:00 GMT


ARTICLE 4 – RULES and REGULATIONS


A.   Rules relating to listing remarks vary by section: Public Remarks, Realtor Only Remarks and Additional remarks.

B.
 
Public Remarks must be about the listed property or the transaction.

C.
 Builder name is acceptable in Public remarks.

D.  Short Sale listings must be clearly identified in the Public Remarks by indicating “short sale” as the first words of the remarks.

E.
 
 The Public Remarks shall not include any of the following:
i.        Contact, personal, or professional information about the Participant or User
ii.      
Any reference to a lockbox agreement
iii.    
Any reference to websites or URL’s
iv.    
User or Company information.
v.      
Vendor or third party service provider information
vi.    
Owner(s) of record name or contact information
vii.  
Showing Instructions
viii.
Open House information
ix.    
Inappropriate information or language

Note: The penalty for non-compliance is outlined in the General Fine Schedule (See Article 11/Section 4B).

F.    All listing remarks must be in compliance with State and Federal law in all matters relating to the advertisement and sale of real property.

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Article 4.7: Duplicate Listings

Posted by MFRMLS Mon, 05 Jun 2006 21:01:00 GMT


ARTICLE 4 – RULES and REGULATIONS


Section 7: Duplicate Listings
. MFRMLS will accept only one listing per Tax ID number per property type classification. Properties may not be listed more than one time, for example entered separately as a “three bedroom” listing and as a “four bedroom” listing or entered once in each of two different subdivisions, in more than one city, county, zip code, property style, etc. If appropriate, a property can be listed in more than one property type classification.


Reporting Requirements: All duplicate listings must be maintained concurrently.  If the property sells, the closing must be reported on only one ML#.  Any additional listings must then be withdrawn.  Failure to do so will result in an automatic fine as outlined in the Automatic Fine Schedule, Level I (See Article 11/Section 4C).

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Article 4.8: Listing Multiple Properties

Posted by MFRMLS Mon, 05 Jun 2006 21:02:00 GMT


ARTICLE 4 – RULES and REGULATIONS

Section 8: Listing Properties/Parcels that may be sold together or separately.

A.  Properties that may be sold together or separately may be entered individually and as a package. Individual portions of the property may be listed in the appropriate property class but not in multiple property styles; additionally, the full package listing may only be entered in one property class. The public remarks must note that the property can be sold individually or as a package, with other ML#’s, addresses and parcel IDs being noted in the Realtor Only Remarks.

Reporting Requirements: If the property sells as a full package, the individual listings must be withdrawn; if one or more of the individual properties sell, the closing must be reported on the individual ML#, and the package listing revised to include remaining properties or be withdrawn. Failure to do so will result in an automatic fine as outlined in the Automatic Fine Schedule, Level I (See Article 11/Section 4C).

B. Properties/Parcels that may only be sold as a package.  Multiple Properties/parcels that can only be sold as a package may not be listed individually in the MLS. They may, however, be entered as a package into more than one property class. The Public Remarks must indicate that the property can only be sold as a package with the other properties specified and must include all related addresses. In addition, all related addresses and parcel Id’s must be included in the Realtor Only Remarks.

Reporting Requirements: When the listing package is sold, the closing may only be reported through one ML#; any remaining listings in other property classes must be withdrawn. Failure to do so will result in an automatic fine as outlined in the Automatic Fine Schedule, Level II (See Article 11/Section 4C).

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Article 4.9: Tax ID

Posted by MFRMLS Mon, 05 Jun 2006 21:04:00 GMT


ARTICLE 4 – RULES and REGULATIONS

Section 9: Tax ID.  Listings must have the correct Tax ID number and/or format. The penalty for non-compliance is outlined in the General Fine Schedule (See Article 11/Section 4B).

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Article 4.10: Map

Posted by MFRMLS Mon, 05 Jun 2006 21:06:00 GMT


ARTICLE 4 – RULES and REGULATIONS

Section 10: Map. The subject property’s location on the MLS map must be correct and if missing must add.

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Article 4.11: Calling/Access Codes

Posted by MFRMLS Mon, 05 Jun 2006 21:08:00 GMT


ARTICLE 4 – RULES and REGULATIONS


Section 11: Calling/Access Codes. For security purposes, the following information may only be published in the instructions section of the secure ShowingAssist program provided by the MLS:  combination lockbox codes, security gate codes, security system alarm codes or any other codes for equipment or systems designed to ensure the security of the property.

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Article 4.12: Listings Not Available For Showing

Posted by MFRMLS Mon, 05 Jun 2006 21:09:00 GMT


ARTICLE 4 – RULES and REGULATIONS

Section 12: Listings Not Available For Showing: Because MFRMLS exists to facilitate cooperation by Participants in the showing and sale of each other’s listings:

Except those properties under auction terms and properties deemed unsafe with explanatory documentation uploaded as an attachment upon listing entry:

A.   Listings may not be entered as Active prior to being available for actual showings by all Participants/Subscribers. For example: MFRMLS will not accept listings with “No showings until MM-DD”.

B.   Active Listings that become temporarily unavailable for showing by other Participants for any reason whatsoever must be changed to “TOM” (Temporary Off Market) status within two days excluding weekends and federally recognized holidays and will expire automatically on the Expiration Date unless reactivated in the interim.    The penalty for non-compliance of A or B is outlined in the Automatic Fine Schedule, Level II (See Article 11/Section 4C).

 

C.   Unless written permission is obtained from the listing agent/broker or included in the listing, A fine will be imposed to any Participant/User contacting owner(s) of record when their listings are in an on market (ACT, AWC, PNC, TOM) status as outlined in the Automatic Fine Schedule, Level III (See Article 11/Section 4C).


ARTICLE 4 – RULES and REGULATIONS


Section 13: Driving Directions. Driving directions are required in the field provided and must be For narrative driving directions that include full street names, beginning and ending points and use standard directional designations such as north, south, east and west.  Directions may not refer the user to an on-line electronic mapping service, e.g. MapQuest or GPS latitude and longitude coordinates, as a substitute for entering narrative directions.  Driving directions shall not contain URL’s, references to websites, contact information or any other verbiage not related to driving directions. The penalty for non-compliance is outlined in the General Fine Schedule (See Article 11/Section 4B).

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Article 4.14: Short Sales

Posted by MFRMLS Mon, 05 Jun 2006 21:11:00 GMT


ARTICLE 4 – RULES and REGULATIONS


Section 14: Short Sales. Short Sales must be disclosed in the “Special Sale Provision” field by selecting “Short Sale” in addition to remarks requirements above.  See Article 5, Section 1C for further disclosures regarding compensation on Short Sales.

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Article 4.15: Listing Manipulation

Posted by MFRMLS Mon, 05 Jun 2006 21:12:00 GMT


ARTICLE 4 – RULES and REGULATIONS


Section 15: Listing Manipulation. Listing must reflect the correct status at all times and may not be inactivated through a change of status and then be reactivated to cause the listing to appear as new. The only valid reasons for changing a listing number is the execution of a new listing agreement by a new office or the execution of a new listing agreement on a property by the same brokerage which is dated at least 30 days after expiration or withdrawal of the prior agreement. The system’s CDOM (Cumulative Days on Market) will reset to zero after 60 days off the market.  The penalty for non-compliance is outlined in the Automatic Fine Schedule, Level II (See Article 11/Section 4C).

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Article 4.16: Housing for Older Persons

Posted by MFRMLS Mon, 05 Jun 2006 21:16:00 GMT


ARTICLE 4 – RULES and REGULATIONS


Section 16:  Housing for Older Persons. Disclosure of qualified housing for older persons in the MLS database is mandatory. Any listing otherwise eligible for dissemination in the MLS database that is located within a community that is “qualified housing for older persons” under the Fair Housing Act, and thus may lawfully limit occupancy to such older persons (e.g. an "over- 55” or “over-62” community), must also include a statement specifically disclosing such restriction in any remarks section of the listing.

A.   When the listing Participant discloses that a property is qualified housing for older persons, then at the time the listing is loaded in the MLS database, the Participant must:

i.  Upload Affidavit or Display Renewal Date.

Affidavit:
  Immediately obtain and upload an executed copy of the approved “Housing for Older Persons Affidavit Verifying Occupancy and Qualification”.  The Affidavit must be signed and notarized by authorized parties of the qualified community or its legal counsel.

OR

ii.  Renewal Date:  Enter the Renewal Date as found on the Florida commission on Human Relations website (http://fchr.state.fl.us/55_communities__1) in the field provided in MLS.

B.   Select the appropriate age category ("55 and Over" or "62 and Over") under the “Housing for Older Persons” menu in the Listing Maintenance program.  The property may be described as being qualified housing for older persons in any of the “Remarks” sections (optional).  The penalty for non-compliance is outlined in the General Fine Schedule (See Article 11/Section 4B).

C.   The Participant’s submission of a listing to the MLS database that is subject to a restriction on the age of the occupants of the property shall constitute the Participant’s commitment to defend, indemnify, and hold harmless the MLS against any claim that the MLS, by including such remarks, has violated any local, state, or federal laws that prohibit discrimination against families with children, or on the basis of age. The penalty for non-compliance is outlined in the General Fine Schedule (See Article 11/Section 4B).

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