Section 6 Vocabulary

Question 1

Breach of Trust

Answer 1

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.

Question 2

Citation

Answer 2

The DBPR/DRE has the authority to issue citations for minor violations. The licensee has 30 days to accept or reject the penalty. The penalty involved with a citation are fines from $100 to $500 per infraction. Additional education could also be placed on the licensee. See Administrative Code 61J2-24.02 for a complete list under Citation Authority.

Question 3

Failure to account for and deliver

Answer 3

Failing to produce funds held in trust

Question 4

Culpable Negligence

Answer 4

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

Question 5

Formal or Administrative Complaint

Answer 5

If probable cause is found, a formal/administrative complaint is filed the DBPR outlines facts and charges against the licensee and sends a copy to the to the licensee’s broker.

Question 6

Fraud

Answer 6

consists of 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.

Question 7

Legally Sufficient

Answer 7

If a complaint provides facts that demonstrate a violation of Florida Statutes Chapters 120, 455, 475, and 61J2 of the Florida Administrative Code.

Question 8

Moral Turpitude

Answer 8

Conduct that goes against standards of behavior involving honesty or good morals.

Question 9

Notice of Noncompliance

Answer 9

When a complaint is received, the department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation. Broker has 15 days to correct.

Question 10

Probable Cause

Answer 10

Based on facts gained through an investigation, it appears that a crime may have been committed and should be prosecuted. It is NOT a proclamation of guilt.

Question 11

Recommended Order

Answer 11

A formal hearing is required if the licensee is disputing the facts of the case. Instead of being heard by FREC, the case is heard by an Administrative law judge who issues a this order to FREC.

Question 12

Stipulation

Answer 12

Licensee-respondent can meet with a DRE attorney prior to a hearing to discuss a settlement called a stipulation. A stipulation is an agreement as to the facts of the case and the penalty reached. The stipulation must be approved by FREC.

Question 13

Summary/Emergency Suspension Order

Answer 13

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 suspension ordering the licensee not to practice real estate until the case is resolved.