Chapter 3 Flashcards
Which Florida Statute (FS) created the DBPR?
FS 455
Which branch of Florida government does the DBPR fall under?
Executive Branch
Which Florida statute (FS) governs the DBPR?
FS 120
Who is the head of the DBPR?
The Secretary
Appointed by the governor
Where are the principle offices of the DBPR?
Tallahassee
What does the Division of Real Estate (The Division, or DRE) do?
Protects the public by regulating real estate and appraisal licensees through education and compliance
Who selects and approves the director of the Division?
the Secretary of the DBPR but the selection is subject to approval by a majority of the FREC members
Where are the principle offices of the DBPR located?
Orlando
Which entity is defined by Part I of FS 475?
FREC
Which entity is defined by Part II of FS 475?
The Florida Real Estate Appraisal Board (FREAB)
what does F.A.C. 61J2 contain?
The Florida Administrative Code containing FREC rules that apply to real estate licensees
what does F.A.C. 61J2 contain?
The Florida Administrative Code containing the FREAB rules that apply to appraisal licensees
Rules enacted by the Commission
What does Part III of F.S. 475 contain?
the Commercial Real Estate Sales Commission Lien Act
What does Part IV of F.S. 475 contain?
the Commercial Real Estate Leasing Commission Lien Act
What is FREC (the commission)?
The administrative agency that the Department has delegated rule-making and disciplinary authority to
What does the Division (DRE) do?
they carry out the day-to-day work of regulation of the real estate profession
What powers does the department have?
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
What is the maximum fine for a citation issued to violators of specified rules?
$5000 per offense
What is the Source of Department funds used to pay for investigations and prosecutions of unlicensed activity?
$5 fee obtained from license applicants and renewals
What is the criminal penalty for giving false information when applying for or renewing a license?
Third degree felony, which is punishable in court
What is the criminal penalty for the theft of reproduction of license exam questions/answers?
Third degree felony, which is punishable in court
Which Florida statute governs the FREC?
FS 475 part I
What Executive power does FREC have?
Publish information and keep the public informed of changes in laws or rules
Further the education of licensees
Investigate complaints against licensees
What Quasi-Judicial powers does FREC have?
Impose disciplinary action for violations of FREC laws or rules
What Ministerial power does FREC have?
Record keeping and clerical functions (performed by the Division employees on behalf of the Commission)
What quasi-legislative power does FREC have?
Make and pass rules (FAC 61J2) that regulate the operation of licensees and the real estate profession
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)?
Executive Power
Which Powers of FREC cannot be delegated?
Quasi-legislative and quasi-judicial powers
What are the requirements for passing a FREC rule?
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
How are the members of the Commission selected?
They are appointed by the governor and are subject to confirmation by the state senate
What is the make up of the Commission members?
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
What is the length of the term for a Commission member?
4 year terms
How many terms can be served by a Commission member
There is no maximum number of overall terms, but members may not serve more than 2 consecutive terms
How often does the Commission meet and where?
At least once a month in the Division office in Orlando
What is Prima Facie Evidence?
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
When does a license issued on November 15, 2017 expire?
September 30, 2019
When does a license issued on March 30th, 2018 expire?
September 30, 2019
What must a sales associate do to continue to practice real estate after their license becomes null and void?
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
How can a broker practice real estate after their broker’s license becomes null and void due to not renewing their initial broker license?
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
What is the status of your license after you have completed the first renewal but fail to complete any subsequent renewal?
Involuntary Inactive
Can remain in this status for 2 years
What is the status of the license of a sales associate who has changed employers?
Ceases to be in force
By when do you have to notify the Commission of your change in employer?
No later than 10 days
What is the status of your license if you chose not to actively engage in real estate business by not registering an employer?
Voluntary Inactive
How can a licensee change involuntary inactive status to active during the first 12 months after failing to renew their license?
by completing a 14 hour CE course and paying a fee to the DBPR
How can a licensee change involuntary inactive status to active during the 13-24 months after failing to renew their license?
by completing a 28 hour reactivation course and paying a fee to the DBPR
What is the status of your license after 2 years of being involuntary inactive?
Expired
What is the status of your license if your employer’s license becomes inactive?
Inactive
How many employers may a sales associate or brokers associate have at one time?
One
Who can obtain a group license?
Sales Associate or Broker’s associate working for a developer with multiple locations and affiliated organizations
Who can obtain multiple licenses?
A broker with multiple separate businesses
