The Department of Business and Professional Regulation Flashcards
Board - Florida Statute 455.01:
any board or commission authorized to exercise regulatory functions
Consumer member - Florida Statute 455.01:
a non-real estate professional serving on a board
Department - Florida Statute 455.01:
the Department of Business and Professional Regulation
License - Florida Statute 455.01:
any permit, registration, certificate, or license issued by the Department
Licensee - Florida Statute 455.01:
any person issued a permit, registration, certificate, or license issued by the Department
Profession - Florida Statute 455.01:
any activity, occupation, or vocation regulated by the Department
The Department of Business and Professional Regulation oversees the
licensing and regulation of professionals in industries where the health, safety, or well-being of the public is at stake. Real estate is one of those big-deal industries.
governed by the Florida Statute, Chapter 120,
The secretary of DBPR is appointed by
the governor of Florida and subject to confirmation by the state senate. This is because the DBPR falls under the executive branch of the governor. And, in case you’re wondering, the DBPR office is in Tallahassee.
The Secretary of the Department of Business and Professional Regulation is:
elected by the people of Florida and subject to confirmation by the state senate
elected by the DBPR members and subject to confirmation by the Florida governor
appointed by the chairperson of FREC and subject to confirmation by the Florida governor
appointed by the governor of Florida and subject to confirmation by the state senate
appointed by the governor of Florida and subject to confirmation by the state senate
Division of Real Estate (DRE) mission is
“to protect the public by regulation of real estate and appraisal licenses through education and compliance.” this is also the domain of the Florida Real Estate Commission (FREC).
The distinction is that the DRE primarily handles ministerial and administrative duties for FREC. These duties are less about decision-making and more about carrying out the law with routine tasks such as record keeping.
It’s clear that the work of the DRE and FREC are intertwined:
DRE personnel are employed by the DBPR to support FREC in their duties.
The principal office of the FREC and the DRE offices are both located in Orlando (as mandated by Florida statute).
The Secretary of the DBPR appoints the director of the DRE, but the decision has to be approved by a majority vote of the FREC. This director directly assists the FREC.
the Division of Professions
regulate all the educational courses and licensing exams necessary to qualify the real estate professionals in Florida. They perform these duties not just for real estate licensees, but for every profession under the DBPR.
The DBPR and DRE also have a hand in decisions about exams.
The Division of Professions is also charged with holding onto each license applicant’s confidential test data (including grades, grading keys, papers, questions, and answers) for at least two years.
The Division of Service Operations includes two units you should know about:
the Customer Contact Center and the Central Intake Unit.
The Customer Contact Center is
where the phone rings if a license holder or member of the general public calls in with an inquiry. They get mailed and emailed communications, too.
The Central Intake Unit is
where license applications and fees are collected for licenses regulated by the DBPR. They also send out license renewal notices and issue the licenses.
Division of Florida Condominiums, Timeshares, and Mobile Homes
this division regulates condominiums, timeshares, and mobile homes.
This involves complaint resolution, mediation, arbitration, education, disclosures, election disputes for homeowners associations, and more.
The Division of Regulation is all about
enforcement. Consider it the authority ensuring that regulated businesses and professions are following the Legislature’s laws, standards, and rules.
The Division of Real Estate and the Florida Real Estate Commission share their mission to protect the public by regulation of real estate licenses through education and compliance.
Which statement accurately differentiates the two agencies?
The FREC primarily handles administrative duties, whereas the DRE does more disciplinary duties.
The DRE primarily handles administrative duties, whereas the FREC does more decision-making.
The FREC regulates educational courses, whereas the DRE’s main duty is to reprimand violators of license law.
The DRE regulates educational courses, whereas the FREC’s main duty is to process license renewals.
The difference between the Division of Real Estate and the Florida Real Estate Commission is that the DRE primarily handles administrative duties, whereas the FREC does more decision-making.
Which of these does the Department of Business and Professional Regulation have the power to do?
terminate the employment of Tino, a cashier who has violated the code of conduct at the retail store where he works
issue a citation to Matthew, a cleaning professional who cleans residential apartment buildings
require the imprisonment of Tony, a real estate broker who is accused of committing fraud
investigate a complaint against Charlie, a person accused of conducting real estate business without a license
investigate a complaint against Charlie, a person accused of conducting real estate business without a license
