Real Estate License Law and Commission Rules Flashcards
cancelled license
to become void without disciplinary action
cease to be in force (cease to be in effect)
when certain events occur the licensee cannot conduct business until DBPR is notified. i.e. broker address change
Group license
issues to a sales associate or broker employed by an owner-developer
involuntary inactive status
when a license is not renewed at the end of the license period
null and void
no longer exist
promulgate
to enact and publish rules and regulations
voluntary inactive
the license status results when the licensee has applied to the DBPR to be placed in inactive
voluntary relinquish
when a person no longer wants to engage in real estate
DBPR
department business professional regulation
what branch does the DBPR work under and governed by what statute
executive branch
statute 120
What does the DBPR have authority to do
-investigate consumer complaints
-issue subpoenas when investigating
-issue cease and desist orders to unlicensed indv.
-issue citations to licensed indv.
what does the Division of professionals do
regulates education courses and license examinations
what does the Division of service operations control
-customer contact center
-central intake unit
job of the Division of Florida Condos, Timeshares, and mobile homes
Arbitration program for HOAs
DRE
Department of Real Estate
who is the director of the DRE appointed by
the secretary of the DBPR, subject to the FREC approval
duties of the DRE
-routine and clerical functions of the FREC
-ministerial duties involving recordkeeping
FREC
Florida Real Estate Commission
7 members of the FREC are and what are the qualifications of each members
-5 licensed members
*4 must be Florida brokers that have held active licenses in the past 5 years
*1 must be a broker or sales associate that held an active license past 2 years
-2 unlicensed (lay) members
*never have been brokers or associates
Rules for the members
-appointed by the gov’r
-appointed to 4-year staggered terms
-may not serve more that 2 consecutive terms
-paid $50 per diem for official business and meetings
-at least one of the 7 have to be 60 years or older
the 3 commission powers
-executive
-Quasi-legislative
-Quasi-judicial
Executive Branch
regulates and enforces license law
-foster the education of applicants and licensees
-adopt a seal
-establish fees
Quasi-legislative
power to enact and revise admin rules
-create and adopt (promulgate) rules and bylaws
-regulate professional practices
Quasi-judicial
power to grant or deny applicants and administer penalties
-grant and deny applicants for licensure
-suspend and revoke licenses, impose admin fines
-make determinations of violations
FREC may not…
impose imprisonment as a punishment
-limited to admin matters
-must inform the Division of Florida Condo, timeshares, and mobile home when disciplinary action is taken against a licensee
License renewal periods
expires either March 31st or September 30
armed forces renewal exemptions
-active duty and 2 years after discharge
-military duty is out of state, applies to spouse
-not if private sector for profit
when does a licensee must have a license and when do they not have to
when the service of real estate is performed and when the time of payment is received
when does the license need to be put in a voluntary inactive status?
when the agent renews the license must does not engage in real estate
when does the license need to be put in an involuntary inactive status?
-fail to renew
-if complete 14-hour course and involunart for 12 months or less
-if complete 28 hr course and involuntary inactive for more than 12 months but less than 24
null and void
no longer exists
-when it’s been revoked
cease to be forced
licensee cannot conduct business
-when a sales associate moves to another broker the BDPR must be notified and cannot work until registered under new broker
10 days for the DBPR to be notified
-a broker or registered school changes business address
-a sales associate or real estate instructor changes employer
Non resident applicant requirements
-proof of citizenship is not required, but applicant must have a SS#
-do not have to be a florida resident
-if you move and become nonflorida residents, must notify the commission of change in residency within 60 days
-must comply with the chpt 475 E.S. requirements and FREC rules
Multiple License
-each business that a person is a broker, a separate license must be obtained
-sales associates and brokers cannot hold multiple licenses
number of days to notify the DBPR regarding a change in address
10 days
Number of days a sales associate, broker associate, or instructor has to notify the FREC of a change in employers
10 days
Number of days to notify the DBPR if a licensee becomes a non resident
60 days
Grace period after discharge from military duty to renew license
2 years
time period after which involunatry inactive license license becomes null and void
2 years
