Section 3 Review Flashcards
The Secretary of the DBPR is also what?
The Chief Administrator of the DBPR
Who appoints the Secretary of the DBPR?
The Governor of Florida
After the Governor appoints the Secretary of the DBPR who must confirm the Secretary?
FL State Senate
Who does the Secretary of the DBPR appoint?
the Director for the Division of Real Estate.
After the Secretary of the DBPR appoints the Director of the Division of Real Estate who must confirm the Director?
Florida Real Estate Commission
The DBPR is responsible for investigating what?
consumer complaints, issue subpoenas upon conducting an investigation, issue cease and desist orders, and issue citations
After investigating complaints the DBPR does what?
issues subpoenas if necessary, issue cease and desist orders, and issue citations
What does active status mean when pertaining to RE license?
licensee has fulfilled all requirements and may practice real estate
What does inactive status mean when pertaining to RE license?
there is a license in place, but the licensee may not practice real estate
What does Involuntary inactive status mean when pertaining to RE license?
licensee fails to fulfill the renewal requirements
What does current status mean when pertaining to RE license?
indicates that all requirements have been completed and the license has not expired
Licenses are renewed during one of two dates what are they?
March 31st or September 30th
How often do licenses need to be renewed?
every two years after the first renewal
What happens when an employing broker has their license suspended or revoked?
licenses of all sales and broker associates under the broker are automatically placed in involuntary inactive status.
What happens when the commission mistakenly approved a license?
The license will be canceled
Falsifying an application with the state is considered what kind of crime?
Felony of the 3rd degree
The DBPR may issue a real estate license to a spouse of an active duty member assigned to duty in Florida under what conditions?
That spouse has a valid real estate license in another state.
Multiple licenses are issued to who under what conditions?
a broker who qualifies as the broker for more than one business entity or brokerage.
what is the purpose of a group license?
so a sales associate or broker associate may sell for all entities owned by the owner/developer.
What does the Division of Real Estate do for FREC?
provides ministerial and administrative support
FREC established under F.S _____ to do what?
475
Regulate Real Estate
FREC members serve __ year terms? and may serve ___ consecutive terms?
4
2
No more than ___ FREC members’ terms can expire in the same yr?
2
The powers of FREC can be divided into what three types of powers?
Executive, Quasi-legislative, and Quasi-judicial.
What are FREC’s specific powers and duties?
Make determinations of violations Regulate professional practices Create and pass rules and regulations Establish fees Grant and deny applications for licensure Suspend or revoke licenses and impose fines Adopt a seal Foster education
Executive Powers of FREC include?
Regulate and enforce license law, Foster education, Adopt a seal, and Establish fees.
Quasi-legislative powers of FREC include?
Create and pass rules and regulations and Regulate professional practices.
Quasi-judicial Powers of FREC include?
Grant or deny applications, Suspend or revoke licenses and issue administrative fines, and Make determinations of violations.
How do licensees remain in an active license status?
by following prescribed renewal continuing education and renewal fees in a timely manner.
How does a license become Inactive?
license can be either voluntary or involuntary. Involuntary arises by not following prescribed renewal requirements, or other timeline requirements (notice of change of address, etc.)
How does a license become canceled?
when the commission mistakenly approved a license.
How does a license cease to be in force?
whenever a broker changes their business address and fails to notify the department of the change. Per Florida Statutes 475.23, the licensee must notify the department of address changes within 10 days after the change.
How do licensees remain in a current license status?
by ensuring all requirements have been completed and the license has not expired.
What is the purpose of a group license?
for an owner/developer who owns properties through various entities, but all entities are connected so that such ownership or control is by the same individual. A sales associate or broker associate may have a “group license” in order to sell for all the entities owned by the owner/developer.
What is the purpose of Multiple Licenses?
issued to a broker who is the broker for more than one brokerage. A separate broker license must be obtained. For each business/brokerage
What is the voluntarily inactive status?
An inactive status by choice and request of the licensee. a licensee who would like to retain the license but is not currently working in real estate. licensee is still required to pay all renewal fees and complete post-license education and/or continuing education and renewal requirements.
How long does a licensee have to notify DBPR of a change of address?
the licensee must notify the department of address changes within 10 days after the change
