Chapter 3

Question 1

Which Florida Statute (FS) created the DBPR?

Answer 1

FS 455

Question 2

Which branch of Florida government does the DBPR fall under?

Answer 2

Executive Branch

Question 3

Which Florida statute (FS) governs the DBPR?

Answer 3

FS 120

Question 4

Who is the head of the DBPR?

Answer 4

The Secretary
Appointed by the governor

Question 5

Where are the principle offices of the DBPR?

Answer 5

Tallahassee

Question 6

What does the Division of Real Estate (The Division, or DRE) do?

Answer 6

Protects the public by regulating real estate and appraisal licensees through education and compliance

Question 7

Who selects and approves the director of the Division?

Answer 7

the Secretary of the DBPR but the selection is subject to approval by a majority of the FREC members

Question 8

Where are the principle offices of the DBPR located?

Answer 8

Orlando

Question 9

Which entity is defined by Part I of FS 475?

Answer 9

FREC

Question 10

Which entity is defined by Part II of FS 475?

Answer 10

The Florida Real Estate Appraisal Board (FREAB)

Question 11

what does F.A.C. 61J2 contain?

Answer 11

The Florida Administrative Code containing FREC rules that apply to real estate licensees

Question 12

what does F.A.C. 61J2 contain?

Answer 12

The Florida Administrative Code containing the FREAB rules that apply to appraisal licensees

Rules enacted by the Commission

Question 13

What does Part III of F.S. 475 contain?

Answer 13

the Commercial Real Estate Sales Commission Lien Act

Question 14

What does Part IV of F.S. 475 contain?

Answer 14

the Commercial Real Estate Leasing Commission Lien Act

Question 15

What is FREC (the commission)?

Answer 15

The administrative agency that the Department has delegated rule-making and disciplinary authority to

Question 16

What does the Division (DRE) do?

Answer 16

they carry out the day-to-day work of regulation of the real estate profession

Question 17

What powers does the department have?

Answer 17

Issue Cease and Desist orders
Seek an injunction from a court
Issue citations or notices of noncompliance
Administer oaths
Take depositions
Issue subpoenas
Adopt rules

Question 18

What is the maximum fine for a citation issued to violators of specified rules?

Answer 18

$5000 per offense

Question 19

What is the Source of Department funds used to pay for investigations and prosecutions of unlicensed activity?

Answer 19

$5 fee obtained from license applicants and renewals

Question 20

What is the criminal penalty for giving false information when applying for or renewing a license?

Answer 20

Third degree felony, which is punishable in court

Question 21

What is the criminal penalty for the theft of reproduction of license exam questions/answers?

Answer 21

Third degree felony, which is punishable in court

Question 22

Which Florida statute governs the FREC?

Answer 22

FS 475 part I

Question 23

What Executive power does FREC have?

Answer 23

Publish information and keep the public informed of changes in laws or rules
Further the education of licensees
Investigate complaints against licensees

Question 24

What Quasi-Judicial powers does FREC have?

Answer 24

Impose disciplinary action for violations of FREC laws or rules

Question 25

What Ministerial power does FREC have?

Answer 25

Record keeping and clerical functions (performed by the Division employees on behalf of the Commission)

Question 26

What quasi-legislative power does FREC have?

Answer 26

Make and pass rules (FAC 61J2) that regulate the operation of licensees and the real estate profession

Question 27

What kind of Power can be exercised by the FREC chairperson acting alone (or that can be delegated by quorum vote to any other Commission member)?

Answer 27

Executive Power

Question 28

Which Powers of FREC cannot be delegated?

Answer 28

Quasi-legislative and quasi-judicial powers

Question 29

What are the requirements for passing a FREC rule?

Answer 29

Quorum vote of the Commission Must not conflict with the US Constitution Must not conflict with the laws of Florida Must not conflict with the laws of the US

Question 30

How are the members of the Commission selected?

Answer 30

They are appointed by the governor and are subject to confirmation by the state senate

Question 31

What is the make up of the Commission members?

Answer 31

4 licensed brokers with active license for 5 years 1 licensed broker or sales associate with active license for 2 years 2 lay members One of the 7 members must ne 60 years or older

Question 32

What is the length of the term for a Commission member?

Answer 32

4 year terms

Question 33

How many terms can be served by a Commission member

Answer 33

There is no maximum number of overall terms, but members may not serve more than 2 consecutive terms

Question 34

How often does the Commission meet and where?

Answer 34

At least once a month in the Division office in Orlando

Question 35

What is Prima Facie Evidence?

Answer 35

Certificate entered into evidence in court proceedings that is a rebuttable presumption that the facts presented are true unless sufficient evidence to the contrary is presented

Question 36

When does a license issued on November 15, 2017 expire?

Answer 36

September 30, 2019

Question 37

When does a license issued on March 30th, 2018 expire?

Answer 37

September 30, 2019

Question 38

What must a sales associate do to continue to practice real estate after their license becomes null and void?

Answer 38

Take the 63 hour course again, submit another license application, take the state exam again, and register with an actively licensed broker or owner-developer

Question 39

How can a broker practice real estate after their broker's license becomes null and void due to not renewing their initial broker license?

Answer 39

They may revert their license to a sales associate license and complete the 14 hour CE course within 6 months of their broker's license becoming void

Question 40

What is the status of your license after you have completed the first renewal but fail to complete any subsequent renewal?

Answer 40

Involuntary Inactive Can remain in this status for 2 years

Question 41

What is the status of the license of a sales associate who has changed employers?

Answer 41

Ceases to be in force

Question 42

By when do you have to notify the Commission of your change in employer?

Answer 42

No later than 10 days

Question 43

What is the status of your license if you chose not to actively engage in real estate business by not registering an employer?

Answer 43

Voluntary Inactive

Question 44

How can a licensee change involuntary inactive status to active during the first 12 months after failing to renew their license?

Answer 44

by completing a 14 hour CE course and paying a fee to the DBPR

Question 45

How can a licensee change involuntary inactive status to active during the 13-24 months after failing to renew their license?

Answer 45

by completing a 28 hour reactivation course and paying a fee to the DBPR

Question 46

What is the status of your license after 2 years of being involuntary inactive?

Answer 46

Expired

Question 47

What is the status of your license if your employer's license becomes inactive?

Answer 47

Inactive

Question 48

How many employers may a sales associate or brokers associate have at one time?

Answer 48

One

Question 49

Who can obtain a group license?

Answer 49

Sales Associate or Broker's associate working for a developer with multiple locations and affiliated organizations

Question 50

Who can obtain multiple licenses?

Answer 50

A broker with multiple separate businesses