Chapter 20: License Law Violation, Penalties and Procedures

Question 1

A real estate license may be suspended for a maximum of:

Answer 1

10 years

Question 2

The probable cause panel is comprised of how many Florida Real Estate Commission members?

Answer 2

2

Question 3

To obtain a stay of a Final Order while an appeal is pending, what type of writ must be entered?

Answer 3

Supersedes

Question 4

Someone files a complaint against Broker Katrina because her official sign is not readily visible. What will the DBPR’s probable response be if this is Katrina’s first complaint?

Answer 4

Notice of non-compliance in which she will have 15 days to correct the discrepancy

Question 5

Alice obtains a $79,000 judgment against Broker Derek and is unable to collect any money on the judgment. If she applies to the Real Estate Recovery Fund, how much money can she receive?

Answer 5

$50,000

Question 6

Which of the following is a 1st degree misdemeanor?

A

Violation of agency disclosure rules
B False advertising
C Violation of rental list rules
D Violation of fiduciary duties

Answer 6

Violation of rental list rules

Question 7

If a licensee does not timely respond to a formal complaint, what will the result be?

Answer 7

Default

Question 8

Which agency is responsible for investigating complaints filed against a real estate licensee?

Answer 8

Department of Business and Professional Regulation

Question 9

What step comes after the filing of a complaint?

Answer 9

Investigation

Question 10

An application for a real estate license may be refused for all of the following reasons, except:

A

Failing to completely fill out the application
B Failing to submit the proper fee
C Applicant is not a U.S. citizen
D Applicant does not possess good character

Answer 10

C Applicant is not a U.S. citizen

Question 11

What will happen to a real estate licensee if the Real Estate Recovery Fund has to make a payment in response to a claim made against that licensee?

Answer 11

Automatic suspension until the money is repaid, plus interest

Question 12

Who prepares the Recommended Order?

Answer 12

Administrative Law Judge

Question 13

A complaint is legally sufficient if it contains a violation of any of the following except:

        A     Florida law
	B	Florida Real Estate Commission rule
	C	Department of Business and Professional 
                Regulation rule
	D	Florida Association of REALTORS rule

Answer 13

D Florida Association of REALTORS rule

Question 14

What are the penalties for a 1st degree misdemeanor?

Answer 14

Up to one year in jail and/or up to a $1,000 fine

Question 15

How many Florida Real Estate Commission members participate in the Final Order process?

Answer 15

All members that did not serve on the Probable Cause Panel

Question 16

Citation

Answer 16

A minor infraction of the license law that generally results in a small fine

Question 17

Complaint

Answer 17

A charge or accusation that a licensee has committed a specified offense

Question 18

Formal Complaint

Answer 18

An outline of charges brought by the DBPR against an applicant or licensee after a finding of probable cause

Question 19

Legally Sufficient

Answer 19

When the initial complaint alleges a violation of any Florida Statute, DBPR rule, or FREC rule

Question 20

Notice of Non-Compliance

Answer 20

A warning that allows a licensee 15 days to correct a minor infraction without consequence

Question 21

Probable Cause

Answer 21

Reasonable grounds or justification for prosecution

Question 22

Recommended Order

Answer 22

A final report prepared by an Administrative Law Judge (hearing officer) containing finding of facts, conclusions, and suggested penalties, if any.

Question 23

Subpoena

Answer 23

A legal process of ordering a witness to appear and testify before a court of law or formal administrative hearing

Question 24

Summary Suspension

Answer 24

Emergency or immediate suspension of a license