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FRE - Associate Pre-licence > Chapter 03 - Real Estate License Law & Commission Rules (P15) > Flashcards

Chapter 03 - Real Estate License Law & Commission Rules (P15) Flashcards

1
Q

The Florida statue that created the DBPR (referred to as the Department)

A

F.S. 455

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2
Q

The branch of the Florida government that the DBPR is under

A

Executive branch of the governor of the state of Florida

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3
Q

The Florida statute that governs the DBPR

A

F.S. 120

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4
Q

The head of the DBPR

A

The Secretary, who is appointed by the governor

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5
Q

The location of the principle offices of the DBPR

A

Tallahassee, Florida

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6
Q

The division of the DBPR that protects the public by regulation of the real estate and appraisal licensees through education and compliance

A

The Division of Real Estate (DRE, or The Division)

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7
Q

The individual or entity that selects and approves the Director of The Division

A

The Director of the DRE is appointed by the Secretary of the DBPR and subject to approval by a majority of the FREC members

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8
Q

The Part of F.S. 475 consisting of the Commercial Real Estate Sales Commission Lien Act

A

Part III of F.S. 475

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9
Q

The Florida Administrative Code containing FREC rules that apply to real estate licensees

A

F.A.C. 61J2

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10
Q

The entity that is defined by Part II of F.S. 475

A

The Florida Real Estate Appraisal Board (FREAB)

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11
Q

The entity that is defined by Part I of F.S. 475

A

The Florida Real Estate Commission (FREC)

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12
Q

The Location of the principle offices of The Division

A

Orlando, Florida

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13
Q

The Florida Administrative Code containing FREAB rules that apply to appraisal licensees

A

F.A.C. 61J1

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14
Q

The administrative agency that the Department has delegated rule-making and disciplinary authority to

A

The FREC (Commission)

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15
Q

The entity that carries out the day-to-day work of regulation of the real estate profession

A

The DRE (Division)

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16
Q

The Part of F.S. 475 consisting of the Commercial Real Estate Leasing Commission Lien Act

A

Part IV of F.S. 475

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17
Q

The criminal penalty for giving false information when applying for or renewing a license

A

A third degree felony, which is punishable in criminal court

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18
Q

Maximum fine for a citation issued to violators of specified rules

A

Maximum fine not to exceed $5,000 per offense

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19
Q

The criminal penalty for the theft or reproduction of license examination test questions and answers

A

A third degree felony, which is punishable in criminal court

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20
Q

Source of Department funds to pay for investigation and prosecution of unlicensed activity

A

A fee of $5.00 collected from all applicants for licensure and those who request renewal

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21
Q

The authorized powers of the Department (F.S. 455.228)

A
  • Issue cease and desist orders (licensed or unlicensed individuals)
  • seek an injunction from a court
  • issue citations or notices of noncompliance
  • administer oaths
  • take depositions
  • Issue subpoenas
  • adopt rules
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22
Q

The rules enacted by the Commission

A

F.A.C. 61J2

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23
Q

The Florida statute governing the FREC (or Commission)

A

F.S. 475 Part I

24
Q

The power of the FREC to impose disciplinary action for violations of FREC laws or rules

A

Quasi-judicial power

25
Q

The power of the FREC to publish information and keep the public informed of changes in the laws or rules, further the education of licensees, and investigate complaints against licensees

A

Executive Power

26
Q

The power of the FREC for record keeping and clerical functions (performed by the Division employees on behalf of the Commission)

A

Ministerial power

27
Q

The power of the FREC to make and pass rules (in F.A.C. 61J2) that regulate the operation of licensees and the real estate profession

A

Quasi-legislative power

28
Q

Requirements for passing a FREC rule

A

Requires a quorum vote of the Commission; must not conflict with the U.S. Constitution, the laws of Florida, or the laws of the U.S.

29
Q

The type of power that can be exercised by the FREC chairperson acting alone or that can be delegated by quorum vote to any other Commission member

A

Executive power

30
Q

The type of FREC powers that cannot be delegated

A

Quasi-legislative and Quasi-judicial powers cannot be delegated

31
Q

Method by which Commission members are selected

A

Commission members are appointed by the governor and subject to confirmation by the state senate

32
Q

Term that refers to a certificate entered into evidence in court proceedings that is a rebuttable presumption that the facts presented are true unless sufficient evidence to the contrary is presented

A

Prima Facie Evidence

33
Q

Composition of the seven Commission members

A

4x - licensed brokers with active license for five years preceding appointment
1x - licensed broker or sales associate with active license for two years preceding appointment
2x - lay members

  • One of the 7 members must be 60 years of age or older
34
Q

Length of term for Commission members

A

Members are appointed to four-year terms

35
Q

Maximum number of terms that can be served by Commission members

A

There is no maximum number of terms, however members may not serve more than two consecutive terms

36
Q

Commission meeting location and frequency

A

The Commission meets at least once a month in the Division offices in Orlando, Florida

37
Q

The method by which a licensee may change the involuntary inactive status to active during the first 12 months following failure to renew their license (other than the first renewal)

A

Complete the 14-hour CE course and pay an additional fee to the Department

38
Q

License status of a sales associate whose initial license expires on September 31, 2019 and completes their first renewal requirements 10 minutes after midnight the morning of October 1, 2019

A

Null and Void

39
Q

License expiration date for an initial license obtained on November 15, 2017

A

September 30, 2019

40
Q

The license status of a licensee who has attained a license but has chosen not to actively engage in the real estate business by registering an employer

A

Voluntary Inactive

41
Q

License expiration date for an initial license obtained on March 30, 2018

A

September 30, 2019

42
Q

Method by which a sales associate whose license became null and void as a result of failure to renew the initial license prior to the expiration may continue to practice real estate

A

Complete the 63-hour pre-license course over again, submit another initial license application, take and pass the state license exam again, and register employment with an active broker or owner-developer

43
Q

Method by which a broker whose license became null and void as a result of failure to renew the initial broker license prior to expiration may continue to practice real estate as a sales associate

A

Revert to a licensed sales associate by completing the 14-hour CE within six months of the broker license becoming null and void and register employment with an active broker or owner-developer

44
Q

The term referring to the license status of sales associate who has changed employers

A

“Ceases to be in force”

45
Q

License status of a broker or sales associate who has already renewed their initial license and fails to renew their license prior to the subsequent license expiration

A

Involuntary inactive

46
Q

Timeframe within which a sales associate who has changed employers must notify the Commission

A

No later than ten days after the change in employer

47
Q

Length of time that a licensee’s license status can remain involuntary inactive

A

Up to 2 years

48
Q

The method by which a licensee may change the involuntary inactive status to active between 13 and 24 months following failure to renew the license

A

Complete the 28-hour Reactivation course and pay an additional fee to the Department

49
Q

The status of a licensee’s license after two years after failing to reactivate their involuntary inactive license

A

Expired

50
Q

The license status of all licensees employed by a broker whose license is suspended, revoked, or otherwise void or ineffective

A

Inactive

51
Q

The consequence of having a null and void license

A

The license holder may no longer practice real estate

52
Q

The number of employers that a sales associate or broker associate may have at one time in the practice of real estate

A

Only one employer at a time

53
Q

The type of licensee who may obtain a group license

A

Sales Associate or Broker Associate

54
Q

The type of licensee who can be issued multiple licenses

A

Broker

55
Q

Condition for obtaining a group license

A

A sales associate or broker associate works for one owner-developer with affiliated organizations, providing real estate services in different geographic areas

FRE - Associate Pre-licence (19 decks)

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