Real stat license law and qualifications Flashcards
Florida Real Estate License Law
Real estate laws exist to protect the real estate customer
FREC
1925, the Legislature created the Florida Real Estate Commission
is a quasi-judicial body that administers and enforces license LAW in Florida.
They have the power to grant, deny, suspend, and revoke licenses
DBPR
FREC gets administrative support from the Division of Real Estate (DRE), which operates under the aegis of the Department of Business and Professional Regulation (DBPR)
is in charge of licensing and regulating the licensure of all kinds of professions in Florida,
DBPR AND FREC
DBPR handles most of the administrative work, like recording registrations and keeping track of licensees, The DBPR handles the administrative side of licensure in Florida
FREC makes rules and hears disciplinary actions.
Chapter 475
Florida keeps all of its statutes in one place, and that place is called the Florida Statutes. Any statutory law Florida passes is going to be in there, and it’s all easily accessible online.
basically a collection of statues
will also see it as the real state license law
Chapter 475 is broken in four parts
–Real estate brokers, sales associates, and schools: This is where most of the stuff we’re interested in lives. It regulates brokers, sales associates, and schools.
–Appraisers: This section sets out rules for appraisers, including licensing requirements. Appraisers are overseen by the Florida Real Estate Appraisal Board (FREAB), which is essentially the appraiser version of the FREC.
–The Commercial Real Estate Sales Commission Lien Act: This gives commercial brokers the right to put a lien on a property they’ve sold to collect their commission (more on what this means later).
–The Commercial Real Estate Leasing Commission Lien Act: Same thing but for commercial rental properties.
what will you find in 475
The requirements for a real estate school
The requirements for sales associates and brokers
Definitions of sales associate and broker
Information about the real estate recovery fund
Rules about license renewal, fees, and continuing education
What constitutes an active or inactive license
Tons of other great stuff! Go read the law sometimes, it’s full of nutritious information!
61J2
created a set of rules of the Florida administrative code to enforce the laws created by the FREC
61J2
is not a law. It is the set of rules created by the FREC to enforce Chapter 475.
The FREC enforces the Law
61J2 is the how to Chapter 475’s what
Chapter 61J2 was created by FREC and is part of the Florida Administrative Code.
61J2 CITATIONS
61J2-3.015, F.A.C. F.A.C. stands for Florida Administrative Code, 61J2 tells you to look in part 61, J2 (where the real estate rules live), and 3.015 tells you to look in chapter three (Minimum Educational Requirements), part 015 (Notice of Satisfactory Course Completion)
DIFFERENCE BETWEEN CHAPTER 475 AND CHAPTER 61J2
CHAPTER 475 IS THE LAW AND CHAPTER 61J2 IS THE RULES FOR CARRYING OUT THE LAW
CHAPTER 20
Chapter 20, entitled Organizational Structure,
basically deals with the executive branch of the Florida government.
Chapter 20 established the organizational structure of the executive branch
laws creating the DBPR
DBPR AND CHAPTER 20
The Department of Business and Professional Regulation (DBPR) lives in the executive branch.
The DBPR is the entity that actually records and issues licenses.
They take care of most of the administrative tasks for the FREC
CHAPTER 455
creates rules and procedures for the DBPR
Sets out the general rules governing all of the professions regulated by the DBPR
It has rules about how commissions are created, run, and compensated. It has rules about licensure examinations across professions.
It delimits what the DBPR is in charge of and what the FREC (and similar commissions for other professions) are in charge of.
455.10, F.S
subchapter 10
one does not need to be a U.S. citizen to get a professional license in Florida. While one DOES need a Social Security number (and therefore, the legal right to work in the U.S.), citizenship can never be mandatory.