Chapter 3 ( Facts & Definitions ) Flashcards
The Department Of Business & Professional Regulation was created by what Florida Statute
F.S. 455
What are the ten divisions of the The Department Of Business & Professional Regulation
. Administration . Alcoholic Beverages and Tobacco . Certified Public Accounting . Division of Florida Condominiums, Timeshares and Mobile Homes . Real Estate
. Regulation . Technology, Licensure/Revenue . Hotels and Restaurants . Pari-mutuel Wagering . Professions
The Principal Officies of the Department Of Business & Professional Regulation ( DBPR ) are located in
Tallahassee Florida
The Executive Officer/Secretary of the DBPR is appointed by
The Governor, subject to confirmation by the senate
The Director of the division of Real Estate is appointed by the
The Executive Officer/Secretary of the DBPR , subject to approval of a majority of the members of the Florida Real Estate Commission ( FREC )
Who Issues Real Estate Licences
The Department Of Business & Professional Regulation ( DBPR ) issues and renews all licenses for all professions administered under statute 455, including Real Estate Licenses.
The Department Of Business & Professional Regulation ( DBPR ) does not have the authority to
Issue injunctions against unlicensed persons, but may seek an injunction from the courts for failure to follow a department order
The Florida Real Estate Commission ( FREC )
There are seven ( 7 ) members on the FREC, Appointed By the Governor, Subject to confirmation by the senate. Four Members must be actively licensed real estate brokers that have been licensed in florida for 5 years prior to their appointment; one member may be any actively licensed real estate licensee who had been licensed in Florida for at least 2 years prior to his or her appointment. The 2 remaining members, called lay members, cannot hold or have ever held a real estate licence prior to their appointment.
The Florida Real Estate Commission ( FREC ) members are appointed for a term of how long.
Florida Real Estate Commission ( FREC ) members are appointed for a 4 year term. Members may not serve more than two consecutive terms, although there is no maximum number of years they may serve as long as no more than two terms are consecutive.
Florida Real Estate Commission ( FREC ) members are not salaried but do receive
Florida Real Estate Commission ( FREC ) members receive a per diem allowance of $50 per day for all days worked on Commission business, plus reimbursement for expenses
Where, when and why do the Florida Real Estate Commission ( FREC ) meet?
The FREC meets at least monthly, usually in the officies of the division of real estate on Orlando. One meeting each year is an Organizational meeting during which members of the FREC select from among themselves the chairperson and vice chairperson for the current year. A quorum (majority) of the members must be present to conduct certain duties authorized by law.
A quorum means a
A quorum means a majority
Under F.S. 475 the powers of the FREC include
. Executive Powers- include the publication of books and newsletters to keep licensees and the public informed of new and important changes in the law and rules governing the real estate profession. The executive powers can be exercised by the chairperson acting alone, or can be delegated by quorum vote to any other FREC member.
. Quasi-Legislative Powers- give the FREC the POWER to MAKE and PASS RULES regulating the operaton of licensees and the real estate profession. Rules enacted by the commission are NOT LAWS, but have the SAME EFFECT.
. Quasi Judicial Powers- Allow the FREC to impose disciplinary action for violation of laws or rules. These powers are similar to actions of the court of law. The FREC has the authority to deny an application, to reprimand, fine, place on probation, suspend or revoke a license.
Ministerial Powers- include record keeping and clerical functions
An applicants initial issue refers to
An applicants initial issue is / refers to, the first license received in the category in which he or she is qualified. The Initial license is for a period of not less than 18 months, but not exceeding 2 years. all licenses expire either on march 31 or sep 30 of the appropriate year.
A license renewal
A renewal replaces a prior license and is requested when a licence is about to expire. the DBPR mails a notice of renewal to the last know address of the licensee approximately prior to the date of license expiration.
