Unit 6 Violations Of License Law, Penalties, And Procedures

Question 1

What is the correct order of the steps in the complaint process?

Answer 1

1. ) A complaint is filed
2. ) Investigation of the complaint
3. ) Probable cause determination
4. ) Formal complaint is issued if probable cause is found
5. ) Informal hearing or formal hearing is conducted
6. ) Final order is issued
7. ) Judicial review (appeal) of the final order
   * * Understand the first 4**

Question 2

Understand the judicial review (appeal) process.

Answer 2

The licensee-respondent may challenge the final order within 30 days by filing an appeal. The petition of judicial review (notice of appeal) must be filed with the DBPR and with appropriate district court.
* Licensee may request a “stay of enforcement.” This allows licensee to work during appeal process. District court must issue a “writ of supersedeas” to allow the licensee to work during this process.

Question 3

When would a notice of non-compliance be issued?

Answer 3

The DBPR may issue a notice of noncompliance for a first time minor violation by a licensee. The notice must identify the specific statute(s) and rules(s) violated, provide information on how to comply, and state the time to comply.
If a licensee fails to take action to correct the minor violation within (15) days after being notified, the licensee may be issued a citation or the licensee may be subjected to a disciplinary proceeding.

Question 4

Citation

Answer 4

*DBPR investigator-auditors have the authority to immediately issue citations in the field for minor violations discovered during an investigation or audit. Citations involve fines that currently range from $100 to $500 per offense and may include other assessments.

Question 5

Know the options when a citation is given to a licensee.

Answer 5

*Licensees receiving a citation have 30 days to accept or reject the alleged violations(s), as specified in the citation. No disputes results in a (final order).
*Licensees who dispute the alleged violation(s) must file a written objection.
*Licensees are allowed to state their case and, based on the merits, will have their case dismissed or carried forward to a formal hearing.
Administrative complaints are filed by the FREC if licensees fail to pay their fines in a timely manner.

Question 6

Name the criminal violation of FS 475 that is a first-degree misdemeanor.

Answer 6

It is a first-degree misdemeanor to fail to provide accurate and current rental information for a fee. The penalty for a first-degree misdemeanor is a fine of not more than $1000 and/ or up to one year in jail.

Question 7

Know the eligible reimbursement from the Recovery Fund for a judgement against a broker when NOT resulting from an EDO.

Answer 7

Punitive damages and interest cannot be reimbursed from the fund.( important)