Section 6 Flashcards
The licensee has ___ days to respond to a notification that a complaint has been filed
20
If the offense is a first offense that is also considered a minor violation, the department may issue
the licensee a
notice of noncompliance
Once completed, the Department submits an investigative report to the
probable-cause panel
The panel is made up of two FREC members. One member must be a current member and one
member must be a current real estate licensee.
Probable-cause panel
Decisions of the probable cause panel become public ___ days after probable cause has been found.
10
If probable cause is found and the offense being investigated is minor, a _____ __ ________ may be
issued
letter of guidance
For more serious potential violations, a _____ ______ would be issued
Formal Complaint
Election of Rights include the following choices:
1) Not to dispute the allegations and waive the right
to be heard
2) Not to dispute the allegations and request an informal hearing
3) Dispute the allegations and request a formal hearing.
. Informal hearings are held with
FREC
Formal hearings are held with
an Administrative Law Judge.
Once the Administrative Law Judge issues the Recommended Order, it is reviewed by FREC who
then issues the
Final Order.
A licensee has ___ days to appeal a Final Order by filing a petition for judicial review or the Final
Order becomes effective.
30
There are three types of penalties that can be imposed for violation of license law.
Administrative penalties
Civil penalties
Criminal penalties.
The DBPR/DRE has the authority to issue citations for minor violations. The licensee has ___ days
to accept or reject the penalty. The penalty involved with a citation are fines from $100 to $500 per
infraction and a possible education component
30
Criminal penalties range as follows:
Third-degree felony = $5000 fine and up to 5 years in prison
First-degree misdemeanor = $1000 fine and up to 1 year in prison
second-degree misdemeanor
= $500 fine and up to 60 days in jail.
The unlicensed practice of real estate (practicing real estate with a license resulting from a falsified
application) is a
third-degree felony
Selling a rental list that is inaccurate is a
first-degree misdemeanor
The _____ ____ ______ _______ _____ is in place as a mechanism to protect members of the public
Florida Real Estate Recovery Fund
Occurs when an agent, someone that has been placed in a position of trust, acts against the terms of the
agreement to the detriment of the principal
breach of trust
If someone believes that they have been wronged by a licensee there is a _______ process that can be
initiated.
complaint
Mixing trust funds from another with the agent’s personal or business funds
commingle
Intentionally failing to share information known that could change the other’s decision if communicated.
concealment
Using someone else’s trust funds for your own use
Conversion
Failing to use the same care a reasonable person would exercise in a given situation.
culpable negligence failure
Failing to produce funds held in trust
Failure to account for and deliver
some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury
fraud
Conduct that goes against standards of behavior involving honesty or good morals
moral turpitude
When a complaint is received, the department may provide a licensee with a _____ __ ____________ for an initial offense of a minor violation. The broker has 15 days to correct.
notice of noncompliance
Based on facts gained through an investigation, it appears that a crime may have been committed and
should be prosecuted.
probable cause
an agreement as to the facts of the case and the penalty reached
stipulation
Being ordered to appear in court in a legal case.
subpoena
If during the early investigative process, the alleged facts, if true, puts the public’s health, safety or
welfare in jeopardy, the DBPR may impose a
summary/emergency suspension order
A licensee that has had a complaint filed against him can
voluntary relinquishment for permanent revocation
