Unit 3 Flashcards
The Department of Business and Professional Regulation is a department in which branch of the Florida State Government?
The Executive.
Name the department’s three areas for enforcement.
The division of professions; the division of regulations; and Bureau of Education and Testing.
The Secretary of the Department is appointed by:
The Governor, subject to confirmation by the Senate.
The Florida Real Estate Commission is called a:
Regulatory agency
The Department of Business and Professional Regulation is administered by:
The Secretary of the Department
The enforcement authority for the professional boards and programs. Monitors professions and businesses to ensure that the laws, rules and standards set by the Legislature and professional boards are followed.
The Division of Regulation
The job of the Division of Regulation is to:
Investigate complaints of wrongdoing; issues notices of noncompliance and citations; and performs statutorily mandated inspections.
How many program areas is The Division of Regulation is divided into?
6
Name the six program areas in the Division of Regulation.
Complaints/Investigations; Alternative Dispute Resolution; Unlicensed Activity; Farm Labor; Inspections; and Child Labor.
How many areas of enforcement does the Department have?
3
Responsible for the licensing of professionals, including: architects, interior designers, athlete agents, barbers, real estate sales associates, community association managers, construction contractors, cosmetology, etc.
The Division of Professions
Who oversees the professional boards in the Division of Professions?
Five Executive Directors
What is the job of the Board Executive Director in the Division of Professions?
Serves as a liaison between the board and the department, ensuring the effective operation of board meetings and board business.
In the real estate profession, was does BET stand for?
The Bureau of Education and Testing
Made up of employees of the Department of Business and Professional Regulation.
Handling only real estate needs.
Regulates real estate and appraiser licensees within the laws laid out in Chapter 475, part I, FL Statutes.
Division of Real Estate
Creates the rules for taking the examination and for getting a license. Members are selected and not state employees.
FREC
The DRE is responsible for:
Examination, licensing and regulation of over individuals, corporations, real estate schools and instructors licensed with the state of FL.
Manages and enforces the real estate license law, Chapter 475, Part I, Florida Statutes.
FREC
How often does the commission meet and how much are members paid?
Monthly on the second Tuesday and Wednesday. Members are paid $50 a day and mileage.
What are the powers of the FREC?
Executive power to enforce and regulate real estate license law. Quasi-legislative power to enact and adopt rules. Quasi-judicial in the power to impose disciplinary actions.
When do the rules decided in the FREC become effective?
After 20 days when filed with the Department of State.
What are some degrees of disciplinary action?
Applicants may be denied licenses and licensees may be reprimanded, fined, placed on probation, suspended for up to ten years or the licenses revoked.
Why doesn’t the FREC have to go thru legislature to approve rules?
The legislature has already established the power of the FREC to adopt rules and does not have to approve them.
The commission term of office is how many years and what are the rules of the term?
4 years; members may not serve more than two consecutive terms but may serve several different set of terms.
How does the Chairperson as well Vice Chairperson get their seats?
Chairperson and Vice Chairperson are elected annually by members.
Describe the actions of FREC.
Has a corporate seal; makes rules for the governance of real estate (not the same as laws, but same power as laws);
publishes books and newsletters; educates licensees;
investigates complaints; imposes disciplinary actions;
creates certificates; reports to the proper prosecuting authority any criminal violation of law known to the Commission; inspects and audits; obtains a ceast and desist order in a court of competent jurisdiction to stop an unlicensed person from harming the public; investigates any time with or without a written complaint: however, if the Commission receives a written, sworn (notarized) complaint from any member of the public, they MUST investigate; informs the Division of Florida Condominiums, Time Shares and Mobile Homes when disciplinary action is taken by the FREC against any of its licensees
Also called “the division,” the administrative arm of the FREC. The Department of Business and Professional Regulation hires and pays all their employees.
The DER
All services of the FREC are performed by the Division. The services of the Division include but are not limited to:
Recordkeeping services; examination services; legal services; investigative services
Is charged with the responsibility of holding examinations for sales associates and broker’s licenses and setting the rules and procedures for examination.
The Bureau of Education and Testing
Handles the actual licensing
The Department of Business and Professional Regulation
Certifies the applicant once the requirements are met
FREC
A written document issued by the Department of Business and Professional Regulation. Indicates that the FREC has certified to the Department that an individual is qualified before its issued.
License
If a license was obtained in May of 2007, that license would renew by:
March 31st of 2009
In what areas may the commission establish fees?
For application, examination, reexamination, licensing and renewal, certification and recertification, reinstatement, and record making and record keeping.
If there is failure to take the Post-License course, the license becomes null and void. If the license becomes null and void:
The individual must meet all pre-license requirements and retake courses and state required exams again.
What are the two types of inactive statuses?
Voluntary and involuntary
A licensee may choose this status if he does not want to practice real estate currently but may wish to reactivate the license later. Holds a license but does not practice real estate. May not collect any referrals, commissions or fees while at this status. The license must still be renewed, licensee must still pay the same fee and must complete continuing education as an active licensee.
Voluntary inactive status
How would a licensee change their status from voluntary inactive to active?
Complete the correct form, without any additional fee
A licensee may have this status imposed upon him by the FREC if he:
fails to renew an active license
fails to pay the required renewal fee
fails to maintain educational requirements (such as post-licensing or continuing education)
works under a broker whose license is no longer in effect
Involuntary inactive status
How would the licensee change the status from involuntary inactive status to active status?
By paying all back fees and bringing educational requirements to current status.
What happens if the licensee does not bring the license back from involuntary license status within two years?
The license will automatically be canceled.
What happens to all licensees if the supervising broker’s license becomes suspended, inactive, or is revoked?
All licensees under that broker become involuntarily inactive.
When must a license renewal be received?
Must be received the day before the current license expires
Membership on the FREC is obtained by:
a) Appointment by the Secretary of the Department, subject to approval by the Governor
b) Appointment by the Governor, subject to confirmation by the Senate.
c) Election by the Senate and confirmation by the Governor.
d) Appointment by the Division, subject to confirmation by the Department.
Appointment by the Governor, subject to confirmation by the Senate
Joe submitted his application to take the sales associate’s examination. He passed the test. When is his license effective?
a) When he has signed an employment contract with his broker
b) Immediately after taking the test
c) When the division receives the report from the testing service
d) After he receives written notice that he passed the examination
After he receives written notice that he passed the examination.
The FREC has the obligation to perform all EXCEPT:
a) Issue a FL sales associate’s real estate license
b) Sponsor and approve real estate educational courses
c) Inspect and audit licensees and their business practice.
d) Decide on questions of practice of licensees.
Issue a FL sales associate’s real estate license.
Jane cheated on her real estate examination and was caught. What will happen?
Jane will have her application denied.
A sale’s associate failed to complete her continuing education and renew her license on September 30. What will be the status of the license on October 1?
a) The license is null and void
b) The license is involuntarily inactive
c) The license is voluntarily inactive
d) The license is revoked
The license is involuntary inactive.
Who appoints the Chairperson of the FREC?
The FREC members.
The Real Estate Education and Research Foundation pays for its programs:
By interest from a transfer from the Real Estate Trust Fund.
The Department of Business and Profession Regulation has ___ areas for enforcement.
3
The words ‘Prima Facie evidence’ most nearly mean:
Evidence good and sufficient on its face.
Who issues real estate licenses?
The Department.
The Division that has the power and duty to enforce and ensure compliance with the provisions of The Condominium Act, The Cooperative Act, The FL Mobile Home Act, The FL Vacation Plan and Timesharing Act, The Yacht and Ship Brokers Act, The FL Uniform Land Sales Practices Law, and provides mediation and arbitration program for homeowners’ associations is:
The Division of FL Land Sales, Condominiums and Mobile Homes
FREC members are paid:
A per diem fee and mileage for any days they meet.
The FREC may fine up to___ for any violation of 475 F.S. and 455 F.S.
$5,000
How often are the rules in the FREC reviewed?
Annually to ensure that they follow statutes and are enforceable.
What makes the certificates created by the FREC official?
Certificates are the official records of the Commission when properly signed and authenticated with the seal
Accepts the licensing application.
DER
When does a license renewal become effective?
The day after the current license expires.
