Section 5: Complaints, Violations, and Penalties Flashcards
Administrative complaint
An outline of allegations of facts and charges against the licensee
Breach of trust
Breaking a promise or obligation
Citations
fines for violations that have been specified in the citation rule for which there is no substantial threat to the public health, safety, and welfare
Commingle
To mix the money of a buyer or seller with the broker’s own money
Complainant
Person or entity who makes a complaint
Concealment
Withholding of information
Conversion
A licensee’s personal use or misuse of client (or customer) monies
Culpable negligence
Failing to use the care a reasonable person would exercise
Division of Administrative Hearings (DOAH)
The entity that employs administrative law judges (ALJs) to conduct formal hearings of administrative complaints against licensees
Failure to account for and deliver
The act of failing to pay money to a person entitled to receive it
Final Orders
The commission’s final decisions as to innocence or guilt and the determination of the appropriate penalty
Formal complaint
(Also called an administrative complaint) is an outline of charges against a licensee
Formal Hearings
Used if the licensee-respondent either requests a formal hearing or if the licensee-respondent disputes the allegations
Fraud
the intent to misrepresent a material fact or to deceive to gain an unfair advantage or to harm another person
Informal hearings
An expedited way of resolving disciplinary cases provided the licensee does not dispute the alleged facts state in the complaint
Legally sufficient
means that a complaint contains facts indicating that a violation of Florida statute, DBPR rule, or FREC rule may have occurred
Material Fact
a piece of information that affects the value of the real property and is relevant to a person making a decision about the property
Misrepresentation
an untrue statement of fact or concealment of a material fact
Moral Turpitutde
Is conduct contrary to honesty, good morals, justice, and accepted custom
Notice of noncomplicance
may be issued for a first-time minor violation (licensee has 15 days to correct minor infraction)
Probable cause
Reasonable grounds to warrant prosecution
Recommend order
contains the administrative law judge’s findings, conclusions, and recommended penalty
Stipulation
an agreement as to the penalty reached between the attorneys for the DRE and the licensee or the licensee’s attorney
Subpoena
command to appear at a certain time and place to give testimony
Summary suspension
emergency suspension that must be issued by the DBPR secretary or the secretary’s designee
What are the 7 steps to a complaint process?
- A complaint is filed
- An Investigation of the complaint
- Probable cause determination
- Formal complaint is issued if probable cause is found
- Informal hearing or formal hearing is conducted
- Final order issued
- Judicial review (appeal) of final order
What are the necessary characteristics of complaints filed with the DBPR?
- Complaint must be legally sufficient
- DBPR may issue a notice of noncompliance for a first-time offense of a minor violation
- FREC rule lists violations for which a notice of noncompliance may be issued
What is the penalty of a First-degree misdemeanor?
$1000 fine and/or 1 year in jail
False or outdate rental list
What is the penalty of a second-degree misdemeanor?
60 days and/or $500 fine
all other violations of Chapter 475
How long does a licensee have to file an appeal of a final order?
30 days
How many days does a licensee have to correct a minor infraction listed in notice of non-compliance?
15 days
What are administrative penalties that are imposed by the FREC?
- Deny an application
- Letter of reprimand
- Probation
- Administrative fine of up to $5000 per count
- Suspension for up to 10 years
- Revocation with prejudice
What must FREC do with criminal volations
- All criminal violations must be reported to the state attorney
- FREC must inform the Division of Florida Condominiums, Timeshares, and Mobile Homes of disciplinary action
When can a licensee continue to operate while an appeal is pending?
- Licensee must first file the appeal
- An order of stay should be requested
- A request for stay must be granted (Writ of Supersedes issued)
What is the amount of time allotted to file a claim against the recovery fund?
2 years
Complaint
Alleged violation of laws or rules
How much notice must a licensee respondent have before a hearing?
14 days
Is a contract made by an unlicensed person valid?
No
Rule 61J2, F.A.C.
Administrative rule concerning real estate practice
Can the commission modify statutes?
No, only the legislature can.
- The commission can modify and enact administrative rules
