Chapter 3 - License Law Administration

Question 1

What is the purpose of the Florida Real Estate Commission?

Answer 1

To protect the general public by regulating real estate brokers and brokerage firms, broker associates, sales associates, and real estate schools and instructors, and to foster the education of real estate licensees and permit holders

Question 2

What is the the objective the the FREC’s regulations?

Answer 2

To protect the public (consumer protection) by ensuring that real estate licensees have at least a minimal degree of competence

Question 3

The FREC is ________ the DBPR.

Answer 3

Part of

Question 4

The DRE is _____ the FREC.

Answer 4

Under

Question 5

What types of members must make up the FREC?

Answer 5

Four licensed Florida real estate brokers who have held active licenses during the five years preceding appointment
Two consumer members who have never been real estate brokers or sales associates
One either licensed broker or sales associate who has held an active license during the two years preceding appointment

Question 6

Who appoints the Commission members?

Answer 6

The governor, subject to confirmation by the state Senate

Question 7

How long does a Commission member hold office?

Answer 7

Four years

Question 8

Commissioners may not serve more than ______ consecutive terms.

Answer 8

Two

Question 9

Each member of the Commission is accountable to the ________ for proper performance.

Answer 9

Governor, not the DBPR

Question 10

Are Commission members paid? If so, how?

Answer 10

Yes, they are paid $50 per day for each day they attend an official meeting and for each day they participate in other Commission business

Question 11

Who is the chief administrator of the DBPR and who appoints them?

Answer 11

Secretary of the DBPR appointed by the governor

Question 12

Where is the main DBPR office located?

Answer 12

Tallahassee, Florida

Question 13

What does the Division of Real Estate do?

Answer 13

Performs all functions related to the regulation of general real estate in Florida

Question 14

What does the Division of Technology do?

Answer 14

Provides or contracts for exam development services

Question 15

What is the initial effective date of a real estate license and what is the expiration date?

Answer 15

The date the applicant passed the license exam; all licenses are issued with an expiration date of either March 31 or September 30

Question 16

What must sales associates and brokers do in order to renew their initial license?

Answer 16

Complete their post-license education

Question 17

After the initial license is renewed, what must sales associates and brokers do to continue renewing their license?

Answer 17

Complete 14-hours of continuing education during each renewal period

Question 18

Can a licensee renew after the expiration date?

Answer 18

Yes, but a late fee is charged, and until the license is renewed, the license reverts automatically to involuntary inactive status

Question 19

What is the renewal exemption for members of the US Armed Forces?

Answer 19

A licensee is good standing who is a member of the US Armed Forces is exempt from the renewal provisions during his active duty and for a period of six months after discharge from active duty

Question 20

What are the types of inactive status?

Answer 20

Voluntary and Involuntary

Question 21

What is a voluntary inactive status?

Answer 21

A licensee who has qualified for license status but who voluntarily chooses not to engage in the real estate business during a given period and requests such a change

Question 22

What is involuntary inactive status?

Answer 22

A licensee who fails to renew an active or voluntary inactive license before the expiration date (other than the first renewal)

Question 23

How can a license become void?

Answer 23

When a license has become involuntarily inactive for more than two years
When a license has been revoked following a disciplinary proceeding
When a person no longer wants to engage in the real estate business

Question 24

What are the two exceptions to permanent revocation?

Answer 24

A licensee filed for renewal but did not comply with the continuing or post-licensing education requirements prior to the expiration date
An individual filed an application for a license that contained false or fraudulent information

Question 25

What does it mean when a license is ineffective?

Answer 25

The license exists but the licensee cannot use it

Question 26

How can a license become ineffective?

Answer 26

If it becomes inactive | If it becomes suspended

Question 27

What is the maximum amount of time a license can be suspended?

Answer 27

10 years

Question 28

To whom are multiple licenses issued?

Answer 28

Brokers who qualify as the broker for more than one business entity

Question 29

To whom are group licenses issued?

Answer 29

Sales associates or brokers associates who are registered with an owner-developer; an owner-developer may own properties in the names of various entities

Question 30

The members of the FREC are not

Answer 30

DBPR employees

Question 31

Who does the FREC depend on for their administrative assistance?

Answer 31

The DRE

Question 32

Members of the FREC are appointed by the

Answer 32

Governor and confirmed by the state Senate

Question 33

The Commission's purpose is to regulate:

Answer 33

Real estate brokers, broker associates, sales associates; real estate schools and instructors; real estate brokerage firms

Question 34

A real estate licensee on active duty with the US Army is required to renew his license

Answer 34

Within six months after discharge

Question 35

The term of office for each Commission member is

Answer 35

Four years

Question 36

The members of the Commission receive

Answer 36

$50 per day when on official business, plus expenses

Question 37

Legal counsel to the Commission is provided by

Answer 37

Independent counsel with the prior approval of the attorney general

Question 38

The Commission is not empowered to

Answer 38

Levy fines and imprisonment as penalties for certain crimes

Question 39

The Commission is empowered to

Answer 39

Make determinations of violations; impose administrative fines; adopt an official seal that, when used on a document, certificate, proceeding, or act of the Commission, is prima facie evidence of its authenticity in all matters of law in this state

Question 40

Specific responsibilities of the FREC include

Answer 40

Determing the amount of licensing fees needed to operate the Commission Reporting criminal violations to the state's attorney Informing the Division of Florida Condominiums, Timeshares, and Mobile Homes of disciplinary action against any of its licensees

Question 41

Specific responsibilities of the FREC do not include

Answer 41

Providing the services necessary for the preparation and administration of licensing examinations

Question 42

Fees assessed by the Commission are to be used for

Answer 42

The regulation of real estate practitioners

Question 43

Sales associate Jenny recently moved from Dunedin, Florida, to High Springs, Florida. How soon much Jenny notify the DBPR of the change in her mailing address?

Answer 43

Within 10 days of the change

Question 44

Sales associate Sal is employed by Broker Barb. Barb's license is suspended. This action causes Sal's license to be

Answer 44

Placed in involuntary inactive status

Question 45

When an active broker changes his business address and the broker notifies the FREC within the required ten days, the licenses of the sales associates

Answer 45

Remain in force

Question 46

If an active licensee fails to renew her third two-year license before the expiration date on the license, the license will

Answer 46

Revert automatically to involuntary inactive status at the end of the license period

Question 47

An involuntary inactive license will automatically become void without further action by the FREC or the DBPR after

Answer 47

Two years

Question 48

Who may not reactivate a license to active status?

Answer 48

A sales associate who did not complete his post-licensing education prior to the expiration of the initial license

Question 49

Who may reactive a license to active status?

Answer 49

A voluntary inactive sales associate A licensed corporate director of a real estate company An involuntary inactive broker

Question 50

An owner-developer owns several properties with different names, but all are business entities closely connected and controlled by the owner-developer. A sales associate working for that owner-developer may legally obtain

Answer 50

A group license

Question 51

Broker Vagabond moves his real estate office to a new, trendy location. He is so busy coordinating the move that he forgets to notify the DBPR. Broker Vagabond's license

Answer 51

Will cease to be in force

Question 52

Assume September 10, 2008 is the date an initial real estate license is issued. On what date will the initial license expire?

Answer 52

March 31, 2010

Question 53

Sandi decides to relocate her real estate brokerage office. She notifies the DBPR of the change in business address. Sandi also informs the DBPR of the names of two sales associates who are no longer associated with her brokerage. The sales associates' licenses will be

Answer 53

Placed on involuntary inactive status

Question 54

Membership on the FREC is obtained by:

Answer 54

Appointment by the Governor, subject to confirmation by the Senate

Question 55

Joe submitted his application to take the sales associate's examination. He passed the test. When is his license effective?

Answer 55

After he receives written notice that he passed the examination

Question 56

The FREC has the obligation to perform the following:

Answer 56

Deny an application Place a licensee, registrant, or permittee on probation Suspend a license registration or permit for no more than 10 years Revoke a license Impose an administrative fine no more than $5,000

Question 57

The FREC does not have the obligation to perform the following:

Answer 57

Issue a Florida sales associate's real estate license

Question 58

Jane cheated on her real estate examination and was caught. What will happen?

Answer 58

Jane will have her application denied

Question 59

A sales associate failed to complete her continuing education and renew her license on September 30. What will be the status of her license on October 1?

Answer 59

The license is involuntarily inactive

Question 60

Who appoints the Chairperson of the FREC?

Answer 60

The FREC members

Question 61

An initial license is issued in October of 2015. When must the license be renewed in order to prevent expiration?

Answer 61

March 31, 2017

Question 62

The Department of Business and Professional Regulation has ____ areas for enforcement.

Answer 62

Three

Question 63

The words "Prima Facie evidence" most nearly mean:

Answer 63

Evidence good and sufficient on its face

Question 64

Who issues real estate licenses?

Answer 64

The Department

Question 65

The Division that has the power and duty to enforce and ensure compliance with the provisions of The Condominium Act, The Cooperative Act, The Florida Mobile Home Act, The Florida Vacation Plan and Timesharing Act, The Yacht and Ship Brokers Act, The Florida Uniform Land sales Practices Law, and provides a mediation and arbitration program for homeowners' associations is:

Answer 65

The Division of Florida Land Sales, Condominiums, and Mobile Homes

Question 66

FREC Members are paid:

Answer 66

A per diem fee and mileage for any days they meet

Question 67

The FREC may fine up to _____ for any violation of 471 FS and 455 FS.

Answer 67

$5,000