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Florida RE exam > Chapter 3 > Flashcards

Chapter 3 Flashcards

1
Q

Which Florida Statute (FS) created the DBPR?

A

FS 455

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2
Q

Which branch of Florida government does the DBPR fall under?

A

Executive Branch

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3
Q

Which Florida statute (FS) governs the DBPR?

A

FS 120

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4
Q

Who is the head of the DBPR?

A

The Secretary
Appointed by the governor

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5
Q

Where are the principle offices of the DBPR?

A

Tallahassee

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6
Q

What does the Division of Real Estate (The Division, or DRE) do?

A

Protects the public by regulating real estate and appraisal licensees through education and compliance

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7
Q

Who selects and approves the director of the Division?

A

the Secretary of the DBPR but the selection is subject to approval by a majority of the FREC members

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8
Q

Where are the principle offices of the DBPR located?

A

Orlando

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9
Q

Which entity is defined by Part I of FS 475?

A

FREC

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10
Q

Which entity is defined by Part II of FS 475?

A

The Florida Real Estate Appraisal Board (FREAB)

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11
Q

what does F.A.C. 61J2 contain?

A

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

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12
Q

what does F.A.C. 61J2 contain?

A

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

Rules enacted by the Commission

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13
Q

What does Part III of F.S. 475 contain?

A

the Commercial Real Estate Sales Commission Lien Act

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14
Q

What does Part IV of F.S. 475 contain?

A

the Commercial Real Estate Leasing Commission Lien Act

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15
Q

What is FREC (the commission)?

A

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

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16
Q

What does the Division (DRE) do?

A

they carry out the day-to-day work of regulation of the real estate profession

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17
Q

What powers does the department have?

A

Issue Cease and Desist orders
Seek an injunction from a court
Issue citations or notices of noncompliance
Administer oaths
Take depositions
Issue subpoenas
Adopt rules

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18
Q

What is the maximum fine for a citation issued to violators of specified rules?

A

$5000 per offense

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19
Q

What is the Source of Department funds used to pay for investigations and prosecutions of unlicensed activity?

A

$5 fee obtained from license applicants and renewals

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20
Q

What is the criminal penalty for giving false information when applying for or renewing a license?

A

Third degree felony, which is punishable in court

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21
Q

What is the criminal penalty for the theft of reproduction of license exam questions/answers?

A

Third degree felony, which is punishable in court

22
Q

Which Florida statute governs the FREC?

A

FS 475 part I

23
Q

What Executive power does FREC have?

A

Publish information and keep the public informed of changes in laws or rules
Further the education of licensees
Investigate complaints against licensees

24
Q

What Quasi-Judicial powers does FREC have?

A

Impose disciplinary action for violations of FREC laws or rules

25
Q

What Ministerial power does FREC have?

A

Record keeping and clerical functions (performed by the Division employees on behalf of the Commission)

26
Q

What quasi-legislative power does FREC have?

A

Make and pass rules (FAC 61J2) that regulate the operation of licensees and the real estate profession

27
Q

What kind of Power 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

28
Q

Which Powers of FREC cannot be delegated?

A

Quasi-legislative and quasi-judicial powers

29
Q

What are the requirements for passing a FREC rule?

A

Quorum vote of the Commission
Must not conflict with the US Constitution
Must not conflict with the laws of Florida
Must not conflict with the laws of the US

30
Q

How are the members of the Commission selected?

A

They are appointed by the governor and are subject to confirmation by the state senate

31
Q

What is the make up of the Commission members?

A

4 licensed brokers with active license for 5 years
1 licensed broker or sales associate with active license for 2 years
2 lay members

One of the 7 members must ne 60 years or older

32
Q

What is the length of the term for a Commission member?

A

4 year terms

33
Q

How many terms can be served by a Commission member

A

There is no maximum number of overall terms, but members may not serve more than 2 consecutive terms

34
Q

How often does the Commission meet and where?

A

At least once a month in the Division office in Orlando

35
Q

What is Prima Facie Evidence?

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

36
Q

When does a license issued on November 15, 2017 expire?

A

September 30, 2019

37
Q

When does a license issued on March 30th, 2018 expire?

A

September 30, 2019

38
Q

What must a sales associate do to continue to practice real estate after their license becomes null and void?

A

Take the 63 hour course again, submit another license application, take the state exam again, and register with an actively licensed broker or owner-developer

39
Q

How can a broker practice real estate after their broker’s license becomes null and void due to not renewing their initial broker license?

A

They may revert their license to a sales associate license and complete the 14 hour CE course within 6 months of their broker’s license becoming void

40
Q

What is the status of your license after you have completed the first renewal but fail to complete any subsequent renewal?

A

Involuntary Inactive
Can remain in this status for 2 years

41
Q

What is the status of the license of a sales associate who has changed employers?

A

Ceases to be in force

42
Q

By when do you have to notify the Commission of your change in employer?

A

No later than 10 days

43
Q

What is the status of your license if you chose not to actively engage in real estate business by not registering an employer?

A

Voluntary Inactive

44
Q

How can a licensee change involuntary inactive status to active during the first 12 months after failing to renew their license?

A

by completing a 14 hour CE course and paying a fee to the DBPR

45
Q

How can a licensee change involuntary inactive status to active during the 13-24 months after failing to renew their license?

A

by completing a 28 hour reactivation course and paying a fee to the DBPR

46
Q

What is the status of your license after 2 years of being involuntary inactive?

A

Expired

47
Q

What is the status of your license if your employer’s license becomes inactive?

A

Inactive

48
Q

How many employers may a sales associate or brokers associate have at one time?

A

One

49
Q

Who can obtain a group license?

A

Sales Associate or Broker’s associate working for a developer with multiple locations and affiliated organizations

50
Q

Who can obtain multiple licenses?

A

A broker with multiple separate businesses

Florida RE exam (18 decks)

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