Chapter 3 Flashcards
The DBPR does NOT have the authority to:
Issue injunctions against unlicensed persons but, may seek injunctions from the courts for failure to follow a department order.
FS 455 created:
DBPR provides licensing oversight and regulation of business professions in the state of Florida.
The DBPR DOES have the authority to:
Issue cease and desist orders Administer oaths Take depositions Issue subpoenas Adopts rules concerning violations that may be submitted for mediation.
Powers of the Commission:
▪ Executive powers – can be exercised by the chairperson acting alone or can be delegated by quorum vote to any other Commission member.
Quasi-legislative powers – give the Commission the power to make and pass rules that regulate the operation of licensees and the real estate profession. Rules enacted by the Commission are not laws, but have much the same effect. The purpose of the rule-making authority is to allow the Commission to interpret and implement the law.
A licensee who is found to be guilty of a violation may receive one of the following disciplinary actions:
be issued a reprimand or administrative fine up to $5,000 per offense, be placed on probation, or have their license suspended for up to 10 years or permanently revoked.
How many members are on the Commission who are appointed by the Governor and subject to confirmation by the Senate?
7
What is the term for commission members?
They are appointed for four-year terms. Members may not serve more than 2 consecutive terms, although there is not a maximum number of years. as long as no more than two terms are consecutive.
Upon passing the state examination, an applicant receives :
an applicant receives an inactive license status.
Once employed, the licensee can request
an active real estate license by filing employment information on the completed DBPR transaction form with the Division.
How long is The initial license is valid for?
A maximum of 2 years. All licenses expire on either March 31st or September 30th in any given year.
The request for renewal must be made prior to the explanation of the current license to prevent:
the license from becoming null and void.
An individual who does not request renewal of their second or subsequent license, pay the required fees, or maintain their continuing education requirements will have their license automatically placed in an:
involuntary inactive status. A license may remain in an involuntary inactive status for no more than 2 years.
What happens if a broker’s license is suspended?
the licenses of all persons employed under such broker become automatically inactive.
If a licensee decides to no longer practice real estate, they could:
return the license to the Department. The license would be cancelled.
What is a group license?
a single real estate license that can be obtained if the sales associate or broker associate works for one owner-developer with affiliated organizations, which provide real estate services in different geographic areas.
