Chapter 3 - License Law and Administation

Question 1

Chapter 475

Answer 1

Real Estate License Law

Question 2

Chapter 455

Answer 2

Regulation of Business and Professions

Question 3

Department of Business and Professional Regulation

Answer 3

DBPR or BPR; regulates business and professions; Secretary of DBPR appointed by governor, confirmed by senate

Question 4

Powers and Duties of DBPR

Answer 4

1. Adopt rules and regulations
2. Santind to challenge any rule of Commission
3. Prepare and administer examinations
4. Issue licenses
5. Investigate Complaints
6. Seek evidence in investigation or proceeding (take depositions and issue subpoenas)

Question 5

Division of Real Estate

Answer 5

• Also Known as DRE
• Director appointed by Secretary of DBPR subject to approval by Commission
• Provides all services concerning Chapter 475

Question 6

Duties of Division

Answer 6

• Executive (investigation of complaints)
• Ministerial (maintenance of records)
• Administrative (clerical and routine duties)

Question 7

Funding of Division

Answer 7

Fees and assessments of Commission

Question 8

Principal Office of DRE

Answer 8

Orlando, by law

Question 9

Purpose of Chapter 475

Answer 9

Protect public from economic loss

Question 10

Rules (DRE)

Answer 10

Implemtent and prescribe law

Question 11

Florida Real Estate Commission

Answer 11

• FREC
• agency
• Administers and enforces administrative license law

Question 12

Membership of FREC

Answer 12

• 7 members in total
• 4 brokers
• 1 broker or Sales associate
• 2 consumer members
• 1 member must be 60 or older

Question 13

Appointment of Members (FREC)

Answer 13

• Appointed by governor for 4-year terms
• confirmed by senate

Question 14

Compensation of Members (FREC)

Answer 14

• Not salaried employees of DBPR
• Compensated for attending meetings ($50 each meeting)
• Reimbursement for expenses conncected with their official activities

Question 15

Election of Officers Annually (FREC)

Answer 15

Chairperson and Vice Chairperson elected

Question 16

FREC official Records

Answer 16

Minute book and order book

Question 17

FREC powers

Answer 17

1. Executive
2. Quasi-legislative
3. Quasi-judicial

Question 18

Legislative (Quasi-legislative) Powers

Answer 18

• Enactment of rules and regulations
• Can not conflict with constitution, statues, and other laws
• Decide questions of practice
• Validate records (imprinted with seal)

Question 19

Adoption of Rules

Answer 19

• Must relate to duty or power of commission
• Notice published 28 days prior to public hearing

Question 20

Petition Regarding Rule

Answer 20

Any person regulated by FREC may petition the Commission to adpot, amend, or repeal a rule

Question 21

Effective Date of Rule

Answer 21

20 days after being filed with Secretary of State

Question 22

Judicial (Quasi-Judicial) Powers

Answer 22

• Suspend
• Revoke
• Reprimand
• Censure
• Probation
• Administrative fines

Question 23

Public Hearing

Answer 23

Any affected person may present evidence and argument at hearing

Question 24

Appeal FREC Decision

Answer 24

District Court of Appeals

Question 25

Delegation of FREC Power

Answer 25

Any duties and power EXCEPT disciplinary powers and power to adopt rules

Question 26

Specific Powers and Duties

Answer 26

• 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

Question 27

Prima Facia Evidence

Answer 27

“On its face” a document or an action is presumed to be true; may be refuted in court by evidence to the contratry