Unit 6

Question 1

Settlement Stipulation

Answer 1

Sometimes, a licensee-respondent and the licensees attorney (if they have one) will meet with a DRE attorney before a hearing to discuss a possible settlement and enter into a stipulation. A stipulation is an agreement as to the facts of the case and the penalty reached between the attorneys for the DRE and the licensee or their attorney.

Question 2

ADMINISTRATIVE PENALTIES

Answer 2

The powers of FREC are limited to administrative matters and do not extend to criminal actions. Furthermore, FREC does not have the authority to order restitution to an injured party.

Question 3

Notice of Noncompliance

Answer 3

The DBPR may issue a notice of noncompliance for a first-time minor violation by a licensee. It is the least severe of the administrative penalties.

Question 4

Third-Degree Felony
For Real Estate.
$5,000/5 years in imprisonment

Answer 4

1) Making misleading statements or giving false information on a DBPR license application.
2] Conducting unlicensed activity, including providing real estate services for commission without a real estate license.
3) Theft or reproduction of a DBPR licensed exam.

Question 5

Requirement To Self-Reported

Answer 5

Florida statutes requires licensees to inform the commission in writing within thirty days of being convicted were found guilty of a crime.

Question 6

Recovery Fund Claims Resulting From an EDO

Answer 6

FREC is authorized to order reimbursement for the amount of the judgment against the broker up to $50,000.. Furthermore, in cases involving compliance with an EDO, Florida.statute provides for the commission to pay the broker-defendant’s reasonable attorney’s fees and court cost and if the plaintiff prevails in court, the plaintiff’s (person who filed the lawsuit) reasonable attorney fees and court costs. However , punitive damages and interests are never paid by the recovery fund.