Chapter 3 - License Law and Administation Flashcards
Chapter 475
Real Estate License Law
Chapter 455
Regulation of Business and Professions
Department of Business and Professional Regulation
DBPR or BPR; regulates business and professions; Secretary of DBPR appointed by governor, confirmed by senate
Powers and Duties of DBPR
- Adopt rules and regulations
- Santind to challenge any rule of Commission
- Prepare and administer examinations
- Issue licenses
- Investigate Complaints
- Seek evidence in investigation or proceeding (take depositions and issue subpoenas)
Division of Real Estate
- Also Known as DRE
- Director appointed by Secretary of DBPR subject to approval by Commission
- Provides all services concerning Chapter 475
Duties of Division
- Executive (investigation of complaints)
- Ministerial (maintenance of records)
- Administrative (clerical and routine duties)
Funding of Division
Fees and assessments of Commission
Principal Office of DRE
Orlando, by law
Purpose of Chapter 475
Protect public from economic loss
Rules (DRE)
Implemtent and prescribe law
Florida Real Estate Commission
- FREC
- agency
- Administers and enforces administrative license law
Membership of FREC
- 7 members in total
- 4 brokers
- 1 broker or Sales associate
- 2 consumer members
- 1 member must be 60 or older
Appointment of Members (FREC)
- Appointed by governor for 4-year terms
- confirmed by senate
Compensation of Members (FREC)
- Not salaried employees of DBPR
- Compensated for attending meetings ($50 each meeting)
- Reimbursement for expenses conncected with their official activities
Election of Officers Annually (FREC)
Chairperson and Vice Chairperson elected
FREC official Records
Minute book and order book
FREC powers
- Executive
- Quasi-legislative
- Quasi-judicial
Legislative (Quasi-legislative) Powers
- Enactment of rules and regulations
- Can not conflict with constitution, statues, and other laws
- Decide questions of practice
- Validate records (imprinted with seal)
Adoption of Rules
- Must relate to duty or power of commission
- Notice published 28 days prior to public hearing
Petition Regarding Rule
Any person regulated by FREC may petition the Commission to adpot, amend, or repeal a rule
Effective Date of Rule
20 days after being filed with Secretary of State
Judicial (Quasi-Judicial) Powers
- Suspend
- Revoke
- Reprimand
- Censure
- Probation
- Administrative fines
Public Hearing
Any affected person may present evidence and argument at hearing
Appeal FREC Decision
District Court of Appeals
Delegation of FREC Power
Any duties and power EXCEPT disciplinary powers and power to adopt rules
Specific Powers and Duties
- Adpot a seal
- Certify documents (Signed by authorized person) and imprinted with seal
- Certificates are prima facie evidence of authenticity in all courts in Florida
- Foster education
- Establish fees
Prima Facia Evidence
“On its face” a document or an action is presumed to be true; may be refuted in court by evidence to the contratry
