Chapter 3 - License Law Administration Flashcards
What is the purpose of the Florida Real Estate Commission?
To protect the general public by regulating real estate brokers and brokerage firms, broker associates, sales associates, and real estate schools and instructors, and to foster the education of real estate licensees and permit holders
What is the the objective the the FREC’s regulations?
To protect the public (consumer protection) by ensuring that real estate licensees have at least a minimal degree of competence
The FREC is ________ the DBPR.
Part of
The DRE is _____ the FREC.
Under
What types of members must make up the FREC?
Four licensed Florida real estate brokers who have held active licenses during the five years preceding appointment
Two consumer members who have never been real estate brokers or sales associates
One either licensed broker or sales associate who has held an active license during the two years preceding appointment
Who appoints the Commission members?
The governor, subject to confirmation by the state Senate
How long does a Commission member hold office?
Four years
Commissioners may not serve more than ______ consecutive terms.
Two
Each member of the Commission is accountable to the ________ for proper performance.
Governor, not the DBPR
Are Commission members paid? If so, how?
Yes, they are paid $50 per day for each day they attend an official meeting and for each day they participate in other Commission business
Who is the chief administrator of the DBPR and who appoints them?
Secretary of the DBPR appointed by the governor
Where is the main DBPR office located?
Tallahassee, Florida
What does the Division of Real Estate do?
Performs all functions related to the regulation of general real estate in Florida
What does the Division of Technology do?
Provides or contracts for exam development services
What is the initial effective date of a real estate license and what is the expiration date?
The date the applicant passed the license exam; all licenses are issued with an expiration date of either March 31 or September 30
What must sales associates and brokers do in order to renew their initial license?
Complete their post-license education
After the initial license is renewed, what must sales associates and brokers do to continue renewing their license?
Complete 14-hours of continuing education during each renewal period
Can a licensee renew after the expiration date?
Yes, but a late fee is charged, and until the license is renewed, the license reverts automatically to involuntary inactive status
What is the renewal exemption for members of the US Armed Forces?
A licensee is good standing who is a member of the US Armed Forces is exempt from the renewal provisions during his active duty and for a period of six months after discharge from active duty
What are the types of inactive status?
Voluntary and Involuntary
What is a voluntary inactive status?
A licensee who has qualified for license status but who voluntarily chooses not to engage in the real estate business during a given period and requests such a change
What is involuntary inactive status?
A licensee who fails to renew an active or voluntary inactive license before the expiration date (other than the first renewal)
How can a license become void?
When a license has become involuntarily inactive for more than two years
When a license has been revoked following a disciplinary proceeding
When a person no longer wants to engage in the real estate business
What are the two exceptions to permanent revocation?
A licensee filed for renewal but did not comply with the continuing or post-licensing education requirements prior to the expiration date
An individual filed an application for a license that contained false or fraudulent information
What does it mean when a license is ineffective?
The license exists but the licensee cannot use it
How can a license become ineffective?
If it becomes inactive
If it becomes suspended
What is the maximum amount of time a license can be suspended?
10 years
To whom are multiple licenses issued?
Brokers who qualify as the broker for more than one business entity
To whom are group licenses issued?
Sales associates or brokers associates who are registered with an owner-developer; an owner-developer may own properties in the names of various entities
The members of the FREC are not
DBPR employees
Who does the FREC depend on for their administrative assistance?
The DRE
Members of the FREC are appointed by the
Governor and confirmed by the state Senate
The Commission’s purpose is to regulate:
Real estate brokers, broker associates, sales associates; real estate schools and instructors; real estate brokerage firms
A real estate licensee on active duty with the US Army is required to renew his license
Within six months after discharge
The term of office for each Commission member is
Four years
The members of the Commission receive
$50 per day when on official business, plus expenses
Legal counsel to the Commission is provided by
Independent counsel with the prior approval of the attorney general
The Commission is not empowered to
Levy fines and imprisonment as penalties for certain crimes
The Commission is empowered to
Make determinations of violations; impose administrative fines; adopt an official seal that, when used on a document, certificate, proceeding, or act of the Commission, is prima facie evidence of its authenticity in all matters of law in this state
Specific responsibilities of the FREC include
Determing the amount of licensing fees needed to operate the Commission
Reporting criminal violations to the state’s attorney
Informing the Division of Florida Condominiums, Timeshares, and Mobile Homes of disciplinary action against any of its licensees
Specific responsibilities of the FREC do not include
Providing the services necessary for the preparation and administration of licensing examinations
Fees assessed by the Commission are to be used for
The regulation of real estate practitioners
Sales associate Jenny recently moved from Dunedin, Florida, to High Springs, Florida. How soon much Jenny notify the DBPR of the change in her mailing address?
Within 10 days of the change
Sales associate Sal is employed by Broker Barb. Barb’s license is suspended. This action causes Sal’s license to be
Placed in involuntary inactive status
When an active broker changes his business address and the broker notifies the FREC within the required ten days, the licenses of the sales associates
Remain in force
If an active licensee fails to renew her third two-year license before the expiration date on the license, the license will
Revert automatically to involuntary inactive status at the end of the license period
An involuntary inactive license will automatically become void without further action by the FREC or the DBPR after
Two years
Who may not reactivate a license to active status?
A sales associate who did not complete his post-licensing education prior to the expiration of the initial license
Who may reactive a license to active status?
A voluntary inactive sales associate
A licensed corporate director of a real estate company
An involuntary inactive broker
An owner-developer owns several properties with different names, but all are business entities closely connected and controlled by the owner-developer. A sales associate working for that owner-developer may legally obtain
A group license
Broker Vagabond moves his real estate office to a new, trendy location. He is so busy coordinating the move that he forgets to notify the DBPR. Broker Vagabond’s license
Will cease to be in force
Assume September 10, 2008 is the date an initial real estate license is issued. On what date will the initial license expire?
March 31, 2010
Sandi decides to relocate her real estate brokerage office. She notifies the DBPR of the change in business address. Sandi also informs the DBPR of the names of two sales associates who are no longer associated with her brokerage. The sales associates’ licenses will be
Placed on involuntary inactive status
Membership on the FREC is obtained by:
Appointment by the Governor, subject to confirmation by the Senate
Joe submitted his application to take the sales associate’s examination. He passed the test. When is his license effective?
After he receives written notice that he passed the examination
The FREC has the obligation to perform the following:
Deny an application
Place a licensee, registrant, or permittee on probation
Suspend a license registration or permit for no more than 10 years
Revoke a license
Impose an administrative fine no more than $5,000
The FREC does not have the obligation to perform the following:
Issue a Florida sales associate’s real estate license
Jane cheated on her real estate examination and was caught. What will happen?
Jane will have her application denied
A sales associate failed to complete her continuing education and renew her license on September 30. What will be the status of her license on October 1?
The license is involuntarily inactive
Who appoints the Chairperson of the FREC?
The FREC members
An initial license is issued in October of 2015. When must the license be renewed in order to prevent expiration?
March 31, 2017
The Department of Business and Professional Regulation has ____ areas for enforcement.
Three
The words “Prima Facie evidence” most nearly mean:
Evidence good and sufficient on its face
Who issues real estate licenses?
The Department
The Division that has the power and duty to enforce and ensure compliance with the provisions of The Condominium Act, The Cooperative Act, The Florida Mobile Home Act, The Florida Vacation Plan and Timesharing Act, The Yacht and Ship Brokers Act, The Florida Uniform Land sales Practices Law, and provides a mediation and arbitration program for homeowners’ associations is:
The Division of Florida Land Sales, Condominiums, and Mobile Homes
FREC Members are paid:
A per diem fee and mileage for any days they meet
The FREC may fine up to _____ for any violation of 471 FS and 455 FS.
$5,000
