Violations

Question 1

Before acting what characteristic must be true of a complaint

Answer 1

Must be legally sufficient

violation of Florida statute

DBpr rule

FREC rule

Question 2

What does DBPR issue if there is a minor violation

Answer 2

Issues “notice of noncompliance”

first time only

must be timely corrected or citation with fine follows

Question 3

What does DPB are due to quickly stop at a public danger

Answer 3

Issues a summary suspension

emergency suspension

Question 4

What does DBPR do with ethic complaints

Answer 4

Send them to local association of realtors

Question 5

How was complaint processed at DBP

Answer 5

Investigator writes written report and DBP are ads recommendation

forwards to FRE see probable cause commission

Question 6

Who is on the probable cause FREC committee

Answer 6

Two members of FREC

one non-licensed

have 30 days to recommend

Question 7

What happens if FREC issues a dismissal

Answer 7

Issues letter of guidance

DBPR or FREC may continue on their own

Question 8

What happens if probable cause is found by DBPR

Answer 8

Formal (administrative) complaint issued against licensee

Contains all charges

DPR has five years to file

licensee may ask for formal or informal hearing

Question 9

What is an informal hearing

Answer 9

Held at FREC

license brings witnesses and makes case

all facts are agreed to written and recorded

Question 10

What are the options after a formal complaint

Answer 10

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

Question 11

How many days does license he had to address formal complaint

Answer 11

30

Question 12

Who supplies the administrative judge for a formal hearing

Answer 12

The division of administrative hearings/department of management services

Question 13

What does the administrative judge preparing a formal

Answer 13

Recommended offer

each party has 15 days to file Exceptions

Question 14

Who here is the recommended offer

Answer 14

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

Question 15

What are the procedural reasons to deny an application for a

Answer 15

Incorrect form/Fee

error/omission

no exam within two years

didn’t prove qualifications

Question 16

What are the behavioral reasons to do an application

Answer 16

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

Question 17

What are the administrative reasons to deny a renewal

Answer 17

Incorrect form fee

no continuing Ed/post license course

Question 18

What are the behavioral reasons to deny our renewal

Answer 18

Being investigated in another state

been disciplined while licensed

Question 19

What is a suspended license

Answer 19

Can’t practice

must complete all continuing Ed renewals

short term but can last up to 10 years

Question 20

What is a license. Revocation

Answer 20

Permanent

moral turpitude

exception – file for a new or without Ed or contained fraud revocation without prejudice

Question 21

What is the

Answer 21

For minor violations of law

no public threat

fines issued by DRE

30 days to pay or request hearing

Question 22

What are administrative fines

Answer 22

FREC may fine for chapter 455 or 475 violations

up to 5K

usually given with other punishments like revocation suspension

Question 23

What is probation

Answer 23

No practice

90 days starting within 30 days of final order

take class or grant an audit within 90 days

Question 24

What are Noncompliance notices

Answer 24

For minor violations

can still practice

first offense is only

must ID and say how to apply within 15 days

Question 25

What are penalties issued by quarter

Answer 25

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

Question 26

What are civil penalties

Answer 26

Recovery of compensation or assess damages

Question 27

What is the real state recovery

Answer 27

1 million set aside to make consumers whole

consumer file suit with civil court citing monetary damages

Question 28

What are the three requirements for the real estate recovery fund

Answer 28

Valid license

licensee acting solely as real estate licensein transaction

not broker not seller/buyer or part of corporation

Question 29

If consumer awarded money in civil court where

Answer 29

First licensees assets

than 50 K per transaction/150 for multiple from the fund

Lic suspended till pays back

Question 30

What is exception to licensees asset seizure under the real estate group

Answer 30

If broker following escrow disbursement order and it was overturned –

fund pays/no suspension

Question 31

The licensee charged in a DBPR complaint is made public when

Answer 31

10 days after probable cause is found

Question 32

How long his probation for rule violations under Chapter 475 unless otherwise stated

Answer 32

90 days

Question 33

When a licensee is being served with the final order of the FRA see how many days does he have to file an

Answer 33

30 days

Question 34

When the administrative judge issues are recommended order how many days will the party have to file an exception

Answer 34

15