Unit 3-License Law & Commission Rules

Question 1

When should the DBPR be regulated?

Answer 1

• harm to the public
• public not adequately protected by other statutes
• less restrictive means of regulation not available

Question 2

Characteristics of the DBPR?

Answer 2

• under th executive branch of the governor
• governed by CH 120 F.S
• granted authority under Chapter 455 F.S. To investigate consumer complaints, issue subpoenas, issue cease and desist orders to unlicensed individuals an issue citations to individuals licensed by the DBPR

Question 3

Who is the chief administrator of the DBPR?

Answer 3

Secretary of the DBPR appointed by the governor subject to confirmation by the state Senate

Question 4

Mailing Address

Answer 4

10 DAYS—10 DAYS—10 DAYS

Licensee is responsible for notifying DBPR in writing of current mailing address, email, and place of practice within 10 DAYS

Question 5

Who creates the state exam?

Answer 5

The Division of Professions

Under the DBPR

Question 6

Who provides an ARBITRATION program to handle recall and election disputes for HOA’s

Answer 6

Division of FL Condominiums, Timeshares and Mobile Homes

Question 7

What is the DRE and their duties?

Answer 7

Division of Real Estate

Director appointed by secretary of DBPR and subject to majority approval of FREC

Duties are executive and ministerial-RECORDKEEPING

Question 8

FREC

Answer 8

-FLORIDA REAL ESTATE COMMISSION

• Legislative
• regulate brokers, broker Assoc, sales Assoc, brokerage firms, Real Estate Schools
• protect general public by ensuring licensees have at least a minimal degree of competence

Question 9

What is the Composition of the FREC?

Answer 9

7 Licensed Members
4- must be FL RE Brokers w/active license during 5 years preceding appointment
-1 MUST BE broker or associate with active license for 2 years
2-Consumer Members-never licensed
-AT LEASTOINE MEMBER must be 60 or older

Question 10

FREC Term Of Office

Answer 10

Appointed by Governor to 4 year staggered terms

• may not serve more than 2 consecutive terms
• Accountable to Governor
• Exempt from civil liability while serving
• meeting monthly at DRE (orlando)

Question 11

What are the general Powers and Duties of the FREC?

Answer 11

-EXECUTIVE
-regulate and enforce license law
-foster education
-adopt a seal-affixed to rules/regs
will serve as PRIMA FACIE evidence.

-QASI-LEGISLATIVE
Enact/revise administrative rules/regs
And interpret questions regarding the
practice of RE (create/pass rules)

-Qasi Judicial
      Power to grant or deny license application
      Determine license law applications
      Determine license law VIOLATIONS
      administer PENALTIES
** FREC MAY NOT IMPOSE IMPRISONMENT

Question 12

DBPR

Answer 12

Department of business and professional regulation

Charged with licensing in regulating business and professionals in Florida

Question 13

License Issue

Answer 13

All licenses issued with expiration date of:
March 31
September 30

law mandates initial license period provide 18 months of licensure but no more than 24 mos

Is ASSOCIATE later decided to become a BROKER, license will have a new official effective date

Question 14

License Renewal

Answer 14

DBPR sends notice 90 DAYS PRIOR

Licensees must complete post licensing or CE requirement before renewal. Submitting renewal serves as it ice to DBPR that CE requirements have been met.

If licensee renews after expiration-Late Fee

If licensee doesn’t renew-license is placed on involuntary inactive status… Has 24 mos to renew

Question 15

Armed forces Renewal Exemption

Answer 15

Exempt from renewal provisions during active duty and 6 MONTHS after discharge.

Question 16

Temporary License

Answer 16

DBPR may issue to spouse of an active duty member assigned in FL.

Spouse must hold valid license in another state or foreign jurisdiction.

Expires after 6 months and IS NOT RENEWABLE

Question 17

Active License Status

Answer 17

-achieved by finding employer and registering with DBPR under employing broker or owner developer.

Question 18

Voluntary Inactive Status

Answer 18

Qualified for a license but voluntarily chose not to engage in the RE business

Question 19

Involuntary Inactive Status

Answer 19

Licensee fails to renew an active or voluntary inactive license before expiration date (other than 1st renewal)

Placed in involuntary inactive status for no more than 2 years

After 2 years it becomes NULL and VOID

If Invol Inactive 12months must complete 28 hours of FREC Prescribed course

Question 20

May the FREC reinstate a license that has become Null and Void? When?

Answer 20

YES! If it determines illness or economic hardship as a reason for non-compliance.

Licensee must apply for reinstatement w/in 6 months after Null and Void date.

Question 21

What happens when a BROKER’S License is suspended or revoked?

Answer 21

There is NO DISCIPLINARY action against the associate or the broker associate

Licensed registered under broker may not continue-placed on involuntary inactive status

Associates free to seek employment elsewhere

Returned to ACTIVE when employee chosen and info filed with DBPR

Question 22

Null and Void status

Answer 22

NO longer exists

Revoked after disciplinary proceedings

Question 23

Voluntarily Relinquish

Answer 23

Person no longer wishes to practice

Can’t be any disciplinary proceedings/investigations against the license

Question 24

Cease to be in Force

Answer 24

Sales associate leaves 1 broker and wants to work for another.

Until registered under NEW BROKER…license ceases to be in force

Question 25

10 DAY Notifications to DBPR

Answer 25

Broker or School changes business address

Sales Associate or RE Instructor changes employer
Failure to give 10 day notification will result in disciplinary action by FREC

Question 26

Multiple Licenses

Answer 26

Issued to Broker who qualifies as broker for more than 1 business entity

Question 27

Group License

Answer 27

ONLY ISSUED TO OWNER DEVELOPERS

No requirement for a license if they only sell their own property