Violations Flashcards
Before acting what characteristic must be true of a complaint
Must be legally sufficient
violation of Florida statute
DBpr rule
FREC rule
What does DBPR issue if there is a minor violation
Issues “notice of noncompliance”
first time only
must be timely corrected or citation with fine follows
What does DPB are due to quickly stop at a public danger
Issues a summary suspension
emergency suspension
What does DBPR do with ethic complaints
Send them to local association of realtors
How was complaint processed at DBP
Investigator writes written report and DBP are ads recommendation
forwards to FRE see probable cause commission
Who is on the probable cause FREC committee
Two members of FREC
one non-licensed
have 30 days to recommend
What happens if FREC issues a dismissal
Issues letter of guidance
DBPR or FREC may continue on their own
What happens if probable cause is found by DBPR
Formal (administrative) complaint issued against licensee
Contains all charges
DPR has five years to file
licensee may ask for formal or informal hearing
What is an informal hearing
Held at FREC
license brings witnesses and makes case
all facts are agreed to written and recorded
What are the options after a formal complaint
Formal hearing before admin judge if disagree w facts
informal hearing - if agree w facts
licensee may stipulate voluntarily agreeing with DRE to end case
licensee may choose voluntary relinquishment for permanent revocation
How many days does license he had to address formal complaint
30
Who supplies the administrative judge for a formal hearing
The division of administrative hearings/department of management services
What does the administrative judge preparing a formal
Recommended offer
each party has 15 days to file Exceptions
Who here is the recommended offer
Remaining members of FRE see here witnesses and recommended offer
Accept, reject, reduces or modifies final order within 90 days
appeal within 30 days
final order is final directive prima fascia evidence
What are the procedural reasons to deny an application for a
Incorrect form/Fee
error/omission
no exam within two years
didn’t prove qualifications
What are the behavioral reasons to do an application
Bad business reputation/incompetence
being investigated in another state which violates Florida law
committed an act in previous year that could have caused discipline if they had license at that time
Failed or cheated on exam
What are the administrative reasons to deny a renewal
Incorrect form fee
no continuing Ed/post license course
What are the behavioral reasons to deny our renewal
Being investigated in another state
been disciplined while licensed
What is a suspended license
Can’t practice
must complete all continuing Ed renewals
short term but can last up to 10 years
What is a license. Revocation
Permanent
moral turpitude
exception – file for a new or without Ed or contained fraud revocation without prejudice
What is the
For minor violations of law
no public threat
fines issued by DRE
30 days to pay or request hearing
What are administrative fines
FREC may fine for chapter 455 or 475 violations
up to 5K
usually given with other punishments like revocation suspension
What is probation
No practice
90 days starting within 30 days of final order
take class or grant an audit within 90 days
What are Noncompliance notices
For minor violations
can still practice
first offense is only
must ID and say how to apply within 15 days
What are penalties issued by quarter
First-degree misdemeanor in accurate info for a fee up to 1K and one year
second-degree misdemeanor - all others - up to 5oo and 60 days
3rd° false app and licensed real estate - less than 5K and five years
What are civil penalties
Recovery of compensation or assess damages
What is the real state recovery
1 million set aside to make consumers whole
consumer file suit with civil court citing monetary damages
What are the three requirements for the real estate recovery fund
Valid license
licensee acting solely as real estate licensein transaction
not broker not seller/buyer or part of corporation
If consumer awarded money in civil court where
First licensees assets
than 50 K per transaction/150 for multiple from the fund
Lic suspended till pays back
What is exception to licensees asset seizure under the real estate group
If broker following escrow disbursement order and it was overturned –
fund pays/no suspension
The licensee charged in a DBPR complaint is made public when
10 days after probable cause is found
How long his probation for rule violations under Chapter 475 unless otherwise stated
90 days
When a licensee is being served with the final order of the FRA see how many days does he have to file an
30 days
When the administrative judge issues are recommended order how many days will the party have to file an exception
15
