Unit 3: Real Estate License Law and Commission Rules

Question 1

the agency charged with licensing and regulating businesses and professionals in Florida.

Answer 1

The Department of Business and Professional Regulation (DBPR)

Question 2

The DBPR is under the ______ branch of the governor, and it is governed by _______,

Answer 2

executive

Chapter 120, F.S.

Question 3

Division of Service Operations

The __________ handles all incoming telephone, postal, and email inquiries from licensees and the general public.
The_______ processes all the license applications and license fees that come into the DBPR. They are also responsible for the issuance of all licenses and license renewal notifications for the Department.

Answer 3

Customer Contact Center

Central Intake Unit

Question 4

This Division provides consumer protection for Florida residents through education, complaint resolution, mediation and arbitration, and developer disclosure. It regulates condominiums, cooperatives, time-shares, and mobile home parks. They are also charged with providing an arbitration program to handle recall and election disputes for homeowners associations (HOAs).

Answer 4

Division of Florida Condominiums, Timeshares, and Mobile Homes

Question 5

Regulates education courses and license examinations for each profession under the DBPR, contracts with a professional testing service for exam services.

Answer 5

Division of Professions

Question 6

provides all services required to administer the Florida real estate license law. The duties of the DRE are essentially administrative and ministerial. The administrative duties include routine duties and clerical functions on behalf of the FREC.

Answer 6

Division of Real Estate (DRE)

Question 7

The director of the DRE is __________________________ subject to approval of the Florida Real Estate Commission (FREC).

Answer 7

appointed by the secretary of the DBPR,

Question 8

The ______ of the DBPR is appointed by the _____, subject to confirmation by the state senate.

Answer 8

secretary

the governor

Question 9

of members in FREC

Five are ____ of which:

• four must be Florida real estate brokers who have held active licenses during the five years preceding appointment; and
• one must be either a Florida real estate broker or sales associate who has held an active license during the two years preceding appointment.

Two are

At least one is

Answer 9

7

are licensed

unlicensed or lay consumer members

60+

Question 10

The governor, subject to confirmation by ________, appoints Commission members to ___. There is no legislated maximum number of years Commissioners may serve, though Commissioners may not serve more than two consecutive terms. Each member of the Commission is accountable to _______, _______, for proper performance. All FREC members are exempt from civil liability while performing in their official capacity.

Answer 10

the Florida Senate,

4 year terms

the governor, not the DBPR

Question 11

The FREC meetings are held _________ at the Division of Real Estate (DRE) headquarters in Orlando, Florida. There must be a ______(majority) consisting of _____ Commission members to conduct official business. One of the meetings is designated the annual meeting when __________________________.

Answer 11

each month

quorum , 4

the Commission elects from its members a chairperson and vice-chairperson.

Question 12

Legal counsel is provided to the Commission through ____________________________. An Assistant Attorney General is assigned to ________________.

Answer 12

the Office of the State Attorney General of the Department of Legal Affairs.

the Division of Real Estate.

Question 13

Duties related to the education of licensees, the regulating of professional practices, and the publishing of materials.

powers to regulate and enforce the license law are delegated to the Commission by the legislature.

• adopt a seal
• foster education

Answer 13

executive

Question 14

Powers delegated to the FREC to enact rules and regulations, decide questions of practice, and validate records (imprint with FREC’s seal).

responsibilities include the power to enact and revise administrative rules and bylaws and decide questions regarding the practice of real estate

• create and pass rules

Answer 14

Quasi-legislative

Question 15

Powers delegated to the FREC to discipline real estate licensees for violations of real estate license law and FREC administrative rules.

responsibilities include the power to grant or deny license applications, to determine license law violations, and to administer penalties

• grant and deny applications
• suspend and revoke licenses

Answer 15

Quasi-judicial

Question 16

The powers of the FREC are limited to________ and do not extend to criminal actions. The FREC may not impose imprisonment as a penalty.

Answer 16

administrative matters

Question 17

_________ status occurs when a licensee fails to renew an active license before its expiration date.

Answer 17

Involuntary inactive

Question 18

A real estate licensee must not practice real estate after the _____ of the license. It is unlawful for a licensee to perform real estate services for compensation with an expired license.

Answer 18

expiration date

Question 19

To perform real estate services for another for compensation, the licensee’s primary status must state

Answer 19

either current or probation.

Question 20

a broker who qualifies as the broker for more than one business entity needs

Because sales associates and broker associates may have only one registered employer at a time, sales associates and broker associates may not

Answer 20

multiple licenses

hold multiple licenses.

Question 21

A right granted a sales associate or broker associate to work various properties owned by affiliated entities under one owner developer. A group license entitles the licensee to work for the separate sales projects owned by the owner-developer.

Answer 21

group license

Question 22

When a licensee has been in involuntary inactive status for 12 months or less, the licensee may satisfy the education requirement by ___________.

Answer 22

completing 14 hours of FREC-approved continuing education.

Question 23

A licensee in good standing who is a member of the U.S. armed forces is exempt from the renewal provisions during active duty and for a period of ________ after discharge from active duty. The armed forces exemption applies, provided the licensee is not engaged in real estate brokerage activity in the private sector for profit.

Answer 23

24 months

Question 24

A commissioner may not serve more than ___________.

Answer 24

two consecutive four-year terms.