Chapter 6 - Learning Objectives & Key Terms

Question 1

Breach of Trust

Answer 1

The willful misappropriation of something that was delivered in confidence.

Question 2

Citation

Answer 2

Declaration of alleged offences and the associated penalties.

Question 3

Complaint

Answer 3

Allegations regarding someone’s behavior or actions (or lack thereof).

Question 4

Commingle

Answer 4

To illegally mix personal funds with money held in trust on behalf of a client.

Question 5

Concealment

Answer 5

Failure to display something or divulge information.

Question 6

Conversion

Answer 6

The unlawful appropriation of another’s property, as in the conversion of trust funds.

Question 7

Culpable Negligence

Answer 7

Inadequate performance of responsibilities by those who know, or should know what is expected of them.

Question 8

Failure to Account for and Deliver

Answer 8

The act of failing to pay money to a person entitled to receive it.

Question 9

Formal or Administrative Complaint

Answer 9

If probable cause is found by the FREC Probable Cause Panel a formal or “administrative” complaint is filed against the licensee involved. The formal complaint clearly defines all of the charges against the licensee.

Question 10

Fraud

Answer 10

The intent to intentionally deceive or misrepresent a material fact in order to gain an unfair advantage or to harm another person.

Question 11

Legally Sufficient

Answer 11

A complaint that contains facts that indicate a violation has occurred of a Florida statute or a FREC or DBPR rule.

Question 12

Mediation

Answer 12

Intervention between conflicting parties to promote reconciliation, settlement or compromise, if no solution is reached within 90 days another type of dispute resolution must be used.

Question 13

Misrepresentation

Answer 13

A false statement or concealment of a material fact made with the intention of inducing some action by another party.

Question 14

Moral Turpitude

Answer 14

An act or behavior that gravely violates the sentiment or accepted standard of the community.

Question 15

Notice of Noncompliance

Answer 15

Issued by the DBPR in the case of a minor rule violation that does not endanger the public safety, health or welfare.

Question 16

Probable Cause

Answer 16

Reasonable grounds or justification for prosecuting.

Question 17

Recommended Order

Answer 17

A determination by an administrative law judge that includes findings and conclusions, as well as the recommended penalty, if any, required by law or agency rule.

Question 18

Stipulation

Answer 18

An agreement as to the penalty reached between the attorneys for the DRE and the licensee or licensee’s attorney.

Question 19

Subpoena

Answer 19

A legal process ordering a witness to appear and give testimony under penalty of law.

Question 20

Summary/Emergency Suspension Order

Answer 20

Emergency or immediate action taken by the Secretary of the DBPR against a license to protect the public.

Question 21

Voluntary Relinquishment for Permanent Revocation

Answer 21

The licensee requests that the DBPR permanently cancels their license; the most severe type of administrative penalty the FREC is authorized to impose is revocation of a license.