Assignment 3 - Law and Commissin Flashcards
DBPR Business Regulation
The business regulation side of the agency is responsible for licensing and regulating four major industries: (1) Alcoholic Beverages & Tobacco; (2) Condominiums, Timeshares, & Mobile Homes; (3) Hotels & Restaurants (including elevator safety); and (4) Pari-Mutuel Wagering.
DBPR Professional Regulation
The professions’ regulation side of the agency is responsible for licensing and regulating individual professional licenses primarily through regulatory boards administratively housed within the agency. This side of the agency is responsible for licensing a very diverse group of professions, including certified public accountants, boxers, community association managers, construction and electrical contractors, child and farm labor contractors, cosmetologists, geologists, real estate appraisers, brokers and sales associates, and veterinary physicians.
DBPR Division of Real Estate
The Division of Real Estate protects the public by the regulation of real estate and appraisal licensees through education and compliance. The division is responsible for the examination, licensing and regulation of over a quarter of a million individuals, corporations, real estate schools and instructors. Located in Orlando, the division administers the Florida Real Estate Commission (FREC) and the Florida Real Estate Appraisal Board (FREAB).
Involuntary Inactive
Involuntary inactive licensees may activate their licenses during the two-year period following expiration of a valid current license only after satisfactorily completing FREC-prescribed courses of instruction. When a licensee has been involuntary inactive for:
12 months or less, licensees may satisfy the education requirement by completing 14 hours of FREC-approved continuing education; or
More than 12 months but less than 24 months, licensees are required to complete 28 hours of a Commission-prescribed education course.
Group Licenses
As it relates to registration and licensing of general partners, members, officers, and directors of a firm, each partnership, limited liability partnership, limited liability Company, or corporation which acts as a broker shall register with the commission and shall renew the licenses or registrations of its members, officers, and directors for each license period. However, if the partnership is a limited partnership, only the general partners must be licensed brokers or brokerage corporations registered pursuant to this part. If the license or registration of at least one active broker member is not in force, the registration of a corporation, limited liability company, limited liability partnership, or partnership is canceled automatically during that period of time.
DRE
Appointed by the secretary of the DBPR
It is the administrative arm of the
Recordkeeping services
Examination services
Legal services
Investigative services
DBPR
The head of the Department of Business and Professional Regulation is the Secretary, who is appointed by the Governor and is subject to confirmation by the Senate.
FREC DIVISION DUTIES
Recordkeeping services
Examination services
Legal services
Investigative services
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FREC Consists of
Five of the members are professional (licensed) members of which:
four must be Florida real estate brokers who have held active licenses during the five years preceding appointment; and
one must be either a Florida real estate broker or sales associate that has held an active license during the two years preceding appointment.
Two remaining members are consumer (unlicensed) members who have never been real estate brokers or sales associates.
The governor, subject to confirmation by the state Senate, appoints Commission members to four-year staggered terms. Commissioners may not serve more than two consecutive terms.
Powers n Duties
The powers and duties of the FREC fall into three general areas of responsibility:
- Executive powers to regulate and enforce the license law are delegated to the Commission by the legislature.
- Quasi-legislative responsibilities include the power to enact and revise administrative rules and regulations and to interpret questions regarding the practice of real estate.
- Quasi-judicial responsibilities include the power to grant or deny license applications, to determine license law violations, and to administer penalties.
