Chapter 06 - Complaints, Violations, and Penalties

Question 1

Administrative complaint

Answer 1

An outline of allegations of facts and charges against the licensee.

Question 2

Breach

Answer 2

The breaking of a promise or obligation.

Question 3

Commingle

Answer 3

To mix the money of a buyer or seller with a broker’s own money.

Question 4

Complainant

Answer 4

The person who makes an allegation or a charge against another person.

Question 5

Citations

Answer 5

Fines for violations that have been specified in the citation rule for which there is no substantial threat to the public health, safety, and welfare.

Question 6

Complaint

Answer 6

An alleged violation of a law or rule.

Question 7

Concealment

Answer 7

The withholding of information.

Question 8

Conversion

Answer 8

A licensee’s personal use or misuse of client (or customer) monies.

Question 9

Culpable negligence

Answer 9

Failing to use the care that a reasonable person would exercise.

Question 10

Division of Administrative Hearings (DOAH)

Answer 10

The entity that employs administrative law judges (ALJs) to conduct formal hearings of administrative complaints against licensees.

Question 11

Failure to account for and deliver

Answer 11

The act of failing to pay money to a person entitled to receive it.

Question 12

Final order

Answer 12

The Commission’s final decision as to innocence or guilt and the determination of the appropriate penalty.

Question 13

Formal complaint

Answer 13

An outline of the charges against a licensee that must be answered within the statutory time limit; also referred to as an administrative complaint.

Question 14

Formal hearing

Answer 14

A disciplinary hearing heard by an administrative law judge if the licensee-respondent either requests a formal hearing or if the licensee-respondent disputes the allegations.

Question 15

Fraud

Answer 15

The intent to misrepresent a material fact or to deceive to gain an unfair advantage or to harm another person.

Question 16

Informal hearing

Answer 16

A disciplinary hearing that is an expedited way of resolving a disciplinary case provided that the licensee does not dispute the alleged facts stated in the complaint.

Question 17

Legally sufficient

Answer 17

A complaint that contains facts indicating that a violation has occurred of a Florida statute, a DBPR rule, or a FREC rule.

Question 18

Material fact

Answer 18

A piece of information that is relevant to a person making a decision and that affects the value of the real property.

Question 19

Misrepresentation

Answer 19

An untrue statement of fact or the concealment of a material fact.

Question 20

Moral turpitude

Answer 20

Conduct contrary to honesty, good morals, justice, and accepted custom.

Question 21

Notice of noncompliance

Answer 21

Issued by the DBPR for a first-time, minor rule violation that does not endanger the public health, safety, and welfare.

Question 22

Probable cause

Answer 22

Reasonable grounds (sufficient facts and evidence) to warrant prosecution.

Question 23

Recommended order

Answer 23

An administrative law judge’s findings, conclusions, and recommended penalty.

Question 24

Stipulation

Answer 24

An agreement as to the penalty reached between the attorneys for the DRE and the licensee or licensee’s attorney.

Question 25

Subpoena

Answer 25

A command to appear at a certain time and place to give testimony.

Question 26

Summary suspension

Answer 26

An emergency suspension that must be issued by the DBPR Secretary or the Secretary’s designee.