***Ch 20. License law violation, penalties, and procedures*** Flashcards
A minor infraction of the license law that generally results in a small fine
Citation
A charge or accusation that a licensee has committed a specified offense
Complaint
An outline of charges brought by the DBPR against an applicant or licensee after a finding of probable cause
Formal Complaint
When the initial complaint alleges a violation of any Florida Statute, DBPR rule, or FREC rule it is considered?
Legally Sufficient
A warning that allows a licensee 15 days to correct a minor infraction without consequence, does not endanger the health, safety, or welfare of the public.
Notice of Non-Compliance
Reasonable grounds or justification for prosecution
Probable Cause
A final report prepared by an Administrative Law Judge (hearing officer) containing finding of facts, conclusions, and suggested penalties, if any.
Recommended Order
A legal process of ordering a witness to appear and testify before a court of law or formal administrative hearing
Subpoena
Emergency or immediate suspension of a license
Summary Suspension
Administrative Hearing Rules and Procedures
Chapter 120
Division of Professions and Occupations
Chapter 455
Real Estate License Law
Chapter 475
FREC Rules and regulations
Rule 61J2
Division of Administrative Hearings
Rule 60Q
What are the first 3 disciplinary steps that are private and not public record
Complaint
Investigation
Probable cause panel
*CIP
What are the last 4 disciplinary steps that are not private/ public record?
Formal Complaint Informal conference/ formal hearing Final order Appeal FIFA
What does the probable cause panel consist of?
2 members of FREC
1 member may be a former active member and the other must hold a real estate license
How many days does a license or the DBPR have to object if they disagree with the content of the recommended order?
objection must be filed within 10 days
How many days does a licensee have to file a written response to the DBPR that either admits or denies an allegation?
20 days
The Final Order becomes effective how many days after it has been entered.
30 days
To obtain a stay of the final order, a court must issue a what until the appeal process is concluded.
Writ of Supersedes
What is the largest fine that can be imposed by FREC and how many days do you have to pay it?
$5,000 in 15 days
Punishment for a second degree misdemeanor imposed by a court of law?
punishable up to $500 fine and/or up to 60 days in jail
Punishment for a First degree misdemeanor imposed by a court of law?
punishable up to $1,000 fine and/or up to 1 year in jail
What are two violations that are considered misdemeanors of the first degree?
Unlawfully collecting an advance fee for listing real estate
Failing to provide accurate and current rental information for a fee
Punishment for a third degree misdemeanor imposed by a court of law?
ex. paying or sharing a real estate sale or commission with an unlicensed person
punishable up to $5,000 fine and/or up to 5 year in jail
established to reimburse individuals that were financially injured by a licensee
Florida Real Estate Recovery Fund
If money is paid from the recovery fund because of licensee’s misconduct, what happens to the license until the money is repaid plus interest
license will be automatically suspended
How much will the recovery fund pay up to per single judgement and multiple judgements
$50,000 single judgements
$150,000 multiple judgements
Punitive is not included
