Real Estate License Law and Commission Rules

Question 1

cancelled license

Answer 1

to become void without disciplinary action

Question 2

cease to be in force (cease to be in effect)

Answer 2

when certain events occur the licensee cannot conduct business until DBPR is notified. i.e. broker address change

Question 3

Group license

Answer 3

issues to a sales associate or broker employed by an owner-developer

Question 4

involuntary inactive status

Answer 4

when a license is not renewed at the end of the license period

Question 5

null and void

Answer 5

no longer exist

Question 6

promulgate

Answer 6

to enact and publish rules and regulations

Question 7

voluntary inactive

Answer 7

the license status results when the licensee has applied to the DBPR to be placed in inactive

Question 8

voluntary relinquish

Answer 8

when a person no longer wants to engage in real estate

Question 9

DBPR

Answer 9

department business professional regulation

Question 10

what branch does the DBPR work under and governed by what statute

Answer 10

executive branch
statute 120

Question 11

What does the DBPR have authority to do

Answer 11

-investigate consumer complaints
-issue subpoenas when investigating
-issue cease and desist orders to unlicensed indv.
-issue citations to licensed indv.

Question 12

what does the Division of professionals do

Answer 12

regulates education courses and license examinations

Question 13

what does the Division of service operations control

Answer 13

-customer contact center
-central intake unit

Question 14

job of the Division of Florida Condos, Timeshares, and mobile homes

Answer 14

Arbitration program for HOAs

Question 15

DRE

Answer 15

Department of Real Estate

Question 16

who is the director of the DRE appointed by

Answer 16

the secretary of the DBPR, subject to the FREC approval

Question 17

duties of the DRE

Answer 17

-routine and clerical functions of the FREC
-ministerial duties involving recordkeeping

Question 18

FREC

Answer 18

Florida Real Estate Commission

Question 19

7 members of the FREC are and what are the qualifications of each members

Answer 19

-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

Question 20

Rules for the members

Answer 20

-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

Question 21

the 3 commission powers

Answer 21

-executive
-Quasi-legislative
-Quasi-judicial

Question 22

Executive Branch

Answer 22

regulates and enforces license law
-foster the education of applicants and licensees
-adopt a seal
-establish fees

Question 23

Quasi-legislative

Answer 23

power to enact and revise admin rules
-create and adopt (promulgate) rules and bylaws
-regulate professional practices

Question 24

Quasi-judicial

Answer 24

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

Question 25

FREC may not…

Answer 25

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

Question 26

License renewal periods

Answer 26

expires either March 31st or September 30

Question 27

armed forces renewal exemptions

Answer 27

-active duty and 2 years after discharge
-military duty is out of state, applies to spouse
-not if private sector for profit

Question 28

when does a licensee must have a license and when do they not have to

Answer 28

when the service of real estate is performed and when the time of payment is received

Question 29

when does the license need to be put in a voluntary inactive status?

Answer 29

when the agent renews the license must does not engage in real estate

Question 30

when does the license need to be put in an involuntary inactive status?

Answer 30

-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

Question 31

null and void

Answer 31

no longer exists
-when it’s been revoked

Question 32

cease to be forced

Answer 32

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

Question 33

10 days for the DBPR to be notified

Answer 33

-a broker or registered school changes business address
-a sales associate or real estate instructor changes employer

Question 34

Non resident applicant requirements

Answer 34

-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

Question 35

Multiple License

Answer 35

-each business that a person is a broker, a separate license must be obtained
-sales associates and brokers cannot hold multiple licenses

Question 36

number of days to notify the DBPR regarding a change in address

Answer 36

10 days

Question 37

Number of days a sales associate, broker associate, or instructor has to notify the FREC of a change in employers

Answer 37

10 days

Question 38

Number of days to notify the DBPR if a licensee becomes a non resident

Answer 38

60 days

Question 39

Grace period after discharge from military duty to renew license

Answer 39

2 years

Question 40

time period after which involunatry inactive license license becomes null and void

Answer 40

2 years