Real stat license law and qualifications Flashcards

1
Q

Florida Real Estate License Law

A

Real estate laws exist to protect the real estate customer

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2
Q

FREC

A

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

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3
Q

DBPR

A

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,

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4
Q

DBPR AND FREC

A

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.

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5
Q

Chapter 475

A

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

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6
Q

Chapter 475 is broken in four parts

A

–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.

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7
Q

what will you find in 475

A

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!

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8
Q

61J2

A

created a set of rules of the Florida administrative code to enforce the laws created by the FREC

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9
Q

61J2

A

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.

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10
Q

61J2 CITATIONS

A

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)

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11
Q

DIFFERENCE BETWEEN CHAPTER 475 AND CHAPTER 61J2

A

CHAPTER 475 IS THE LAW AND CHAPTER 61J2 IS THE RULES FOR CARRYING OUT THE LAW

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12
Q

CHAPTER 20

A

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

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13
Q

DBPR AND CHAPTER 20

A

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

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14
Q

CHAPTER 455

A

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.

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15
Q

455.10, F.S
subchapter 10

A

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.

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16
Q

Chapter 120 florida statues

A

Chapter 120 lays out HOW all regulatory agencies (for example, the FREC) carry out their licensing procedures and disciplinary processes.

EXample, if you apply for your license and get rejected, you have 21 days to appeal

Where is she most likely to find the rules and deadlines for that appeal process

17
Q

chapter 455

A

outlines the rules, in general, for professions regulated by the DPBR. It explains what the DBPR is in charge of what FREC is in charge of. It makes a general set of rules for all professions.

18
Q

chapter 120

A

has the rules for what the FREC and other regulatory bodies have to do in terms of licensing and licensee discipline. It covers things like how long the FREC can take to accept or reject an application. It DOESN’T cover the specific rules for who can apply for which kind of license. That’s in Chapter 475. Think of it like Chapter 120 makes the rules for the FREC, and Chapter 475 makes the rules for licensees.

19
Q

chapter 475

A

has all of the laws specific to the practice of real estate. This law outlines who can apply for a license, what the licensing exam looks like, and how to maintain a license. Makes sense? Good!

20
Q

chapter 61j2

A

Regulations created by the FREC to carry out the laws in Chapter 475 of the florida statues

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26
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