Chapter 03 - Real Estate License Law & Commission Rules (P15) Flashcards
The Florida statue that created the DBPR (referred to as the Department)
F.S. 455
The branch of the Florida government that the DBPR is under
Executive branch of the governor of the state of Florida
The Florida statute that governs the DBPR
F.S. 120
The head of the DBPR
The Secretary, who is appointed by the governor
The location of the principle offices of the DBPR
Tallahassee, Florida
The division of the DBPR that protects the public by regulation of the real estate and appraisal licensees through education and compliance
The Division of Real Estate (DRE, or The Division)
The individual or entity that selects and approves the Director of The Division
The Director of the DRE is appointed by the Secretary of the DBPR and subject to approval by a majority of the FREC members
The Part of F.S. 475 consisting of the Commercial Real Estate Sales Commission Lien Act
Part III of F.S. 475
The Florida Administrative Code containing FREC rules that apply to real estate licensees
F.A.C. 61J2
The entity that is defined by Part II of F.S. 475
The Florida Real Estate Appraisal Board (FREAB)
The entity that is defined by Part I of F.S. 475
The Florida Real Estate Commission (FREC)
The Location of the principle offices of The Division
Orlando, Florida
The Florida Administrative Code containing FREAB rules that apply to appraisal licensees
F.A.C. 61J1
The administrative agency that the Department has delegated rule-making and disciplinary authority to
The FREC (Commission)
The entity that carries out the day-to-day work of regulation of the real estate profession
The DRE (Division)
The Part of F.S. 475 consisting of the Commercial Real Estate Leasing Commission Lien Act
Part IV of F.S. 475
The criminal penalty for giving false information when applying for or renewing a license
A third degree felony, which is punishable in criminal court
Maximum fine for a citation issued to violators of specified rules
Maximum fine not to exceed $5,000 per offense
The criminal penalty for the theft or reproduction of license examination test questions and answers
A third degree felony, which is punishable in criminal court
Source of Department funds to pay for investigation and prosecution of unlicensed activity
A fee of $5.00 collected from all applicants for licensure and those who request renewal
The authorized powers of the Department (F.S. 455.228)
- 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
The rules enacted by the Commission
F.A.C. 61J2
The Florida statute governing the FREC (or Commission)
F.S. 475 Part I
The power of the FREC to impose disciplinary action for violations of FREC laws or rules
Quasi-judicial power
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
Executive Power
The power of the FREC for record keeping and clerical functions (performed by the Division employees on behalf of the Commission)
Ministerial power
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
Quasi-legislative power
Requirements for passing a FREC rule
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.
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
Executive power
The type of FREC powers that cannot be delegated
Quasi-legislative and Quasi-judicial powers cannot be delegated
Method by which Commission members are selected
Commission members are appointed by the governor and subject to confirmation by the state senate
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
Prima Facie Evidence
Composition of the seven Commission members
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
Length of term for Commission members
Members are appointed to four-year terms
Maximum number of terms that can be served by Commission members
There is no maximum number of terms, however members may not serve more than two consecutive terms
Commission meeting location and frequency
The Commission meets at least once a month in the Division offices in Orlando, Florida
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)
Complete the 14-hour CE course and pay an additional fee to the Department
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
Null and Void
License expiration date for an initial license obtained on November 15, 2017
September 30, 2019
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
Voluntary Inactive
License expiration date for an initial license obtained on March 30, 2018
September 30, 2019
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
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
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
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
The term referring to the license status of sales associate who has changed employers
“Ceases to be in force”
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
Involuntary inactive
Timeframe within which a sales associate who has changed employers must notify the Commission
No later than ten days after the change in employer
Length of time that a licensee’s license status can remain involuntary inactive
Up to 2 years
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
Complete the 28-hour Reactivation course and pay an additional fee to the Department
The status of a licensee’s license after two years after failing to reactivate their involuntary inactive license
Expired
The license status of all licensees employed by a broker whose license is suspended, revoked, or otherwise void or ineffective
Inactive
The consequence of having a null and void license
The license holder may no longer practice real estate
The number of employers that a sales associate or broker associate may have at one time in the practice of real estate
Only one employer at a time
The type of licensee who may obtain a group license
Sales Associate or Broker Associate
The type of licensee who can be issued multiple licenses
Broker
Condition for obtaining a group license
A sales associate or broker associate works for one owner-developer with affiliated organizations, providing real estate services in different geographic areas
