Section 2: License Law and Administration Flashcards
Active license
Status that is required to engage in real estate services. Sales associates achieve status by finding an employer and registering with the DBPR under the employing broker or owner-developer.
Address of record
The licensee’s current mailing address or email address to which the DBPR sends official communication
Canceled
means to become void without disciplinary action
Cease to be in force
(or cease to be in effect) means that when certain events occur, such as a broker changing a business address, the licensee cannot conduct business until the DBPR receives notification of the change
Current mailing address
The current residential address a licensee uses to receive mail through the U.S. Postal Service
Executive
Powers of the Florida Real Estate Commission include the power to regulate and enforce license law
Group license
Issued to a sales associate or broker associate employed by an owner developer (real estate developer) who owns properties in the name of various entities and entitles the licensee to work for the separate sales projects owned by the owner-developer
Ineffective
refers to a license that exists, but the licensee cannot use it because it is either inactive or has been suspended
Involuntary inactive
results when a license is not renewed at the end of the license period
Ministerial duties
Duties of the Division of Real Estate that involve recordkieeping
Multiple Licenses
refers to when a broker holds more than one broker’s license
Promulgate
means to enact and publish rules
Quasi-Judicual
Powers of the FREC include the power to grant or deny license applications, to determine license law violations, and to administer penalties
Quasi-legislative
powers of the FREC include the power to enact administrative rules and regulations and to interpret questions regarding the practice of real estate
Void
means to no longer exist
Voluntary inactive
results when a licensee has applied to the DBPR to be placed on inactive status
Who are the 7 Florida Real Estate Commissioners of FREC
- 4 real estate brokers with active licenses for the last 5 years preceding
- 1 real estate broker or sales associate with an active license for the last 2 years preceding
- 2 consumer members who have never been real estate brokers or sales associates`
Requirements of FREC appointees
- Appointed by the governor, confirmed by the senate
- Appointed to 4 year staggered-terms
- May NOT server more than 2 consecutive terms
- Paid $50 per day per diem
- At least one of the 7 members must be 60 years or older
FREC powers
- Executive power to regulate and envorce license law
- Quasi-legislative power to enact and revise administrative rules
- Quasi-judicial power to grant or deny applications and administer penalties
What is the DBPR?
- Department of Business and Professional Regulation
- Under the executive branch of the governor
What is the DRE
Division of Real Estate
- The Director of the DRE is appointed by the Secretary of the DBPR, subject to FREC approval
How long to Licensees have to notify the DBPR of a change in address?
10 days
What is the initial effective date?
The date the applicant has passed the license exam.
How many days does a sales associate, broker associate, or instructor have to notify the FREC of a change of employer?
10 days
Active Status
Required to operate as a licensee
When do real estate licenses expire?
2 years after the passing of a license exam
- All licenses expire on either March 31st or September 30th
How long does the US Armed Forces exemption last?
While the licensee is on active duty AND 6 months after.
- Also applies to the spouse when they are out of state IF the spouse is licensed.
