Ch. 3 License Law Administration Flashcards
The purpose of this chapter is to discuss in detail the FLorida Real Estate Commission and its composition and powers. The chapter also explains license requirements, including active and inactive status, license activation, and void and ineffective licenses.
Required to engage in real estate services. Sales associates achieve “this status” by finding and employer and registering with the DBPR.
Active license
A licensed ceases to exist, effective as of the date approved by the Commission, and does not involve disciplinary action.
Canceled
Canceled
A licensee cannot perform real estate services because certain events occur, such as when a broker changes business address.
Cease to be in force
Where a licensee receives letters and so forth through the US Postal Service.
Current mailing address
Executive
1
A right granted a sales associate or broker associate to work various properties owned by affiliated entities under one owner developer.
Group license
Status of a license when it it inactive or has been suspended.
Ineffective
The license status that results when a license is not renewed at the end of the licensed period.
Involuntary inactive
The duties of the Division of Real Estate that involve record keeping.
Ministerial duties
Licenses held by a broker in two or more real estate brokerage firms.
Multiple licenses
The formal act of announcing a statute or an administrative rule. To publish and officially announce a new or amended rule or statute. The FREC may promulgate rules and regulations.
Promulgates
Powers delegated to the FREC to discipline real estate licensees for violations of real estate license law and FREC administrative rules.
Quasi-judicial
Powers delegated to the FREC to enact rules and regulations, decide questions of practice, and validate records (imprint the FREC seal).
Quasi-legislative
Invalid, without force, no longer effective.
Void
The license status that results when a licensee has met all the requirements for licensure, yet the licensee chooses not to engage in the real estate business, and has requested that the license be placed in this status.
Voluntary inactive
- The statements below are true with respect to the members of the Florida Real Estate Commission EXCEPT that they
a. are a mix of real estate practitioners and consumer members.
b. are accountable to the governor for proper performance.
c. are DBPR employees.
d. depend on the DRE for their administrative assistance.
C
- Members of the FREC are appointed by the
a. governor and confirmed by the Secretary of State.
b. governor and confirmed by the DBPR Secretary.
c. DBPR Secretary and confirmed by the governor.
d. governor and confirmed by the state senate.
D
- The commission’s purpose is to regulate.
a. real estate brokers, broker associates, and sales associates.
b. real estate schools and instructors.
c. real estate brokerage firms.
d. all of the above.
D
- Real estate licensees on active duty with the US Army are required to renew their licenses.
a. every two years.
b. on discharge.
c. within one year after discharge.
d. with in six months after discharge.
D
- The term of oofice for each Commission member is.
a. two years.
b. four years.
c. five years.
d. seven years.
B
- The members of the commission receive
a. no compensation for their services.
b. only a per-dium fee when on official business.
c. $50 per day when on official business, plus expenses.
d. an annual salary equal to a state legislator’s annual salary.
C
- Legal counsel to the Commission is provided by
a. the DRE chief staff attorney and the attorney’s staff.
b. The Florida Bar Association.
c. the Division of Administrative Hearings.
d. independent counsel with the prior approval of the attorney general.
D
- The Commission is NOT empowered to
a. make determinations of violations.
b. impose administrative fines.
c. levy fines and imprisonment as penalties for certain crimes.
d. adopt an official seal that, when used on a document, certificate, proceeding, or act of the Commission, is prima facie evidence of its authenticity in all matters of the law in this state.
C
- Specific responsibilities of the FREC do NOT include.
a. determining the amount of licensing fees needed to operate the Commission.
b. reporting criminal violations to the state’s attorney.
c. informing the Division of Florida Condominiums, Timeshares and Mobile Homes of disciplinary action against any of its licensees.
d. providing the services necessary for the preparation and administration of licensing examinations.
D