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FL Sales Associate Pre-License 63 Hr Course > Section 6 Review > Flashcards

Section 6 Review Flashcards

1
Q

The 7 Steps in the Disciplinary Process of a licensee implemented by FREC

A 
Complaint Filed
 Investigation
Probable Cause (if any found)
Formal Complaint (Administrative complaint)
Informal or Formal Hearing
Final Order
Judicial Review
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2
Q

How long does a licensee have to respond to a notification that a complaint has been filed against them?

A

20 days

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3
Q

If it is the licensee’s first offence and considered a minor violation the department may issue____ to the licensee as a warning?

A

a notice of noncompliance

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4
Q

The probable cause panel is made up of two FREC members. One must be__________.

A

a current real estate licensee

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5
Q

Decisions of the probable cause panel become public ___ days after probable cause has been found.

A

10

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6
Q

If probable cause is found and the offense is minor, a _________ may be issued.

A

letter of guidance

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7
Q

If probable cause is found for more serious potential violations ________________ is issued?

A

Formal Complaint

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8
Q

Licensees have what 3 choices in regards to Election of Rights if a formal complaint is filed?

A

Not to dispute & waive the right to be heard
Not to dispute & request an informal hearing
Dispute & request a formal hearing

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9
Q

Stipulations are negotiated between who?

A

the licensee or their attorney and the DRE attorney

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10
Q

Who holds the Informal hearings?

A

FREC

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11
Q

Who holds the formal hearings when a licensee disputes the charges against them?

A

Administrative Law Judge

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12
Q

Once the Administrative Law Judge issues the Recommended Order, it is reviewed by FREC who then issues ________

A

the Final Order

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13
Q

Penalties for being found guilty of complaints made against you can include:

A

Fines –Up to $5,000 for each offense
License Suspension – Up to 10 years
License Revocation –Permanent loss of the ability to practice real estate in the state of Florida.

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14
Q

A licensee has __ days to appeal a Final Order by filing a petition for judicial review or the Final Order becomes effective.

A

30

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15
Q

There are three types of penalties that can be imposed for violation of license law

A

Administrative penalties
Civil penalties
Criminal penalties

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16
Q

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 $___ to $___ per infraction and a possible education component.

A

30 days

$100 to $500

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17
Q

Criminal penalties related to real estate

A

3rd-degree felony = up to $5k fine up to 5 yrs in prison
1st-degree misdemeanor = $1k fine up to 1 yr in prison
2nd-degree misdemeanor = $500 fine up to 60 days in jail

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18
Q

The unlicensed practice of real estate is what level of crime?

A

Third-Degree Felony

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19
Q

Selling a rental list that is inaccurate is what level of crime?

A

First-Degree Misdemeanor

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20
Q

Most violations are what level of crime?

A

Second-Degree Misdemeanor

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21
Q

What is in place to protect members of the public from financial damage in a RE transaction

A

The Florida Real Estate Recovery Fund

22
Q

How much can a consumer collect from the FL RE Recovery Fund per single case of misconduct?

A

up to $50,000.00

23
Q

How much can be collected from the FL RE Recovery Fund per Licensee?

A

Up to $150,000.00

24
Q

What kinds of costs can be recovered from the FL RE Recovery Fund?

A

only actual amount lost plus Court costs and attorney fees

25
Q

A payout from the recovery fund trigger what action to be taken against the licensee?

A

immediate suspension until the licensee has paid back the amount paid by the fund, plus interest.

26
Q

what is breach of trust?

A

When someone in a position of trust, acts against the terms of the agreement to the detriment of the principal.

27
Q

When The DBPR/DRE issues a citation for minor violations. The licensee has ___ days to accept or reject the penalty

A

30 Days

28
Q

The penalty cost involved with a citation from DBPR/DRE are fines from $___ to $___ per infraction. Additional education could also be placed on the licensee. See Administrative Code 61J2-24.02 for a complete list under Citation Authority.

A

$100 to $500

29
Q

what is commingle?

A

Mixing trust funds from another with the agent’s personal or business funds.

30
Q

what is conversion of a client’s funds?

A

Using clients’ trust funds for your own use.

31
Q

what is culpable negligence

A

Failing to use the same care a reasonable person would exercise in a given situation.

32
Q

what is Failure to account for and deliver

A

Failing to produce funds held in trust

33
Q

when is a formal complaint (Administrative complaint) filed?

A

When probable cause is found

34
Q

What does the DBPR do after filing a formal complaint against a licensee?

A

Outlines the facts and charges

sends a copy to the licensee and their broker.

35
Q

what is fraud?

A

Deceitful practice with the intent to deprive another of his right, or cause possible harm.

36
Q

When is a complaint against a licensee legally sufficient?

A

if it provides accurate evidence admissible in court and sufficient to support a decision or verdict that demonstrate a violation of Florida Statutes Chapters 120, 455, 475, and 61J2 of the Florida Administrative Code.

37
Q

what is the purpose of mediation?

A

To assist the complainant and subject of the complaint to reach a mutually acceptable resolution

38
Q

Who appoints a mediator when there is a legally sufficient complaint?

A

DBPR

39
Q

What situation typically leads to a licensee being charged with misrepresentation and fraud?

A

When they fail to disclose material defects that may effect the value of the property

40
Q

what is moral turpitude?

A

dishonest and immoral conduct that is considered contrary to community standards of justice, honesty, or good morals

41
Q

How long does a broker have to correct the licensee when a notice of noncompliance has been sent

A

15 days

42
Q

what is probable cause?

A

Factual and evidential reasons to believe that a crime may have been committed and should be prosecuted.

43
Q

When is a formal hearing required?

A

if a licensee is disputing the facts of the case.

44
Q

what is a stipulation?

A

when a Licensee-respondent meets with a DRE attorney prior to a hearing to discuss a settlement /agreement as to the facts of the case and the penalty reached.

45
Q

What happens if someone receives a subpoena

A

They are ordered to appear in court in a legal case.

46
Q

Emergency suspension order (Summary suspension order)

A

means a licensee may not practice real estate until their case is resolved.

47
Q

voluntary relinquishment for permanent revocation

A

A licensee that has had a complaint filed against him or her can voluntarily surrender his or her real estate license. This is a permanent loss of the license meaning the licensee may never hold a real estate license in the state of Florida again. (Not the same thing as “Voluntary Relinquishment.)

48
Q

If the health, safety, or welfare of the public is in any way in danger due to a licensee who is under investigation the DBPR may issue what?

A

Emergency suspension order (Summary suspension order)

49
Q

can a licensee make a claim for an unpaid commission against the recovery fund?

A

No, they would have to go after the broker who didn’t pay

50
Q

a complaint must be ___________

A

in writing

51
Q

FREC has the authority to ______ a license application, refuse to ______ a license, suspend a license up to __ years, revoke a license, impose an administrative fine, issue a reprimand.

A

deny
renew
10

52
Q

How is the real estate recovery fund funded?

A

fee added to the license fee of new and renewal licenses & fines imposed and collected by the FREC.

FL Sales Associate Pre-License 63 Hr Course (20 decks)

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