Section 6

Question 1

The licensee has ___ days to respond to a notification that a complaint has been filed

Answer 1

20

Question 2

If the offense is a first offense that is also considered a minor violation, the department may issue
the licensee a

Answer 2

notice of noncompliance

Question 3

Once completed, the Department submits an investigative report to the

Answer 3

probable-cause panel

Question 4

The panel is made up of two FREC members. One member must be a current member and one
member must be a current real estate licensee.

Answer 4

Probable-cause panel

Question 5

Decisions of the probable cause panel become public ___ days after probable cause has been found.

Answer 5

10

Question 6

If probable cause is found and the offense being investigated is minor, a _____ __ ________ may be
issued

Answer 6

letter of guidance

Question 7

For more serious potential violations, a _____ ______ would be issued

Answer 7

Formal Complaint

Question 8

Election of Rights include the following choices:

Answer 8

1) Not to dispute the allegations and waive the right
to be heard
2) Not to dispute the allegations and request an informal hearing
3) Dispute the allegations and request a formal hearing.

Question 9

. Informal hearings are held with

Answer 9

FREC

Question 10

Formal hearings are held with

Answer 10

an Administrative Law Judge.

Question 11

Once the Administrative Law Judge issues the Recommended Order, it is reviewed by FREC who
then issues the

Answer 11

Final Order.

Question 12

A licensee has ___ days to appeal a Final Order by filing a petition for judicial review or the Final
Order becomes effective.

Answer 12

30

Question 13

There are three types of penalties that can be imposed for violation of license law.

Answer 13

Administrative penalties

Civil penalties

Criminal penalties.

Question 14

The DBPR/DRE has the authority to issue citations for minor violations. The licensee has ___ days
to accept or reject the penalty. The penalty involved with a citation are fines from $100 to $500 per
infraction and a possible education component

Answer 14

30

Question 15

Criminal penalties range as follows:

Answer 15

Third-degree felony = $5000 fine and up to 5 years in prison

First-degree misdemeanor = $1000 fine and up to 1 year in prison

second-degree misdemeanor
= $500 fine and up to 60 days in jail.

Question 16

The unlicensed practice of real estate (practicing real estate with a license resulting from a falsified
application) is a

Answer 16

third-degree felony

Question 17

Selling a rental list that is inaccurate is a

Answer 17

first-degree misdemeanor

Question 18

The _____ ____ ______ _______ _____ is in place as a mechanism to protect members of the public

Answer 18

Florida Real Estate Recovery Fund

Question 19

Occurs when an agent, someone that has been placed in a position of trust, acts against the terms of the
agreement to the detriment of the principal

Answer 19

breach of trust

Question 20

If someone believes that they have been wronged by a licensee there is a _______ process that can be
initiated.

Answer 20

complaint

Question 21

Mixing trust funds from another with the agent’s personal or business funds

Answer 21

commingle

Question 22

Intentionally failing to share information known that could change the other’s decision if communicated.

Answer 22

concealment

Question 23

Using someone else’s trust funds for your own use

Answer 23

Conversion

Question 24

Failing to use the same care a reasonable person would exercise in a given situation.

Answer 24

culpable negligence failure

Question 25

Failing to produce funds held in trust

Answer 25

Failure to account for and deliver

Question 26

some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury

Answer 26

fraud

Question 27

Conduct that goes against standards of behavior involving honesty or good morals

Answer 27

moral turpitude

Question 28

When a complaint is received, the department may provide a licensee with a _____ __ ____________ for an initial offense of a minor violation. The broker has 15 days to correct.

Answer 28

notice of noncompliance

Question 29

Based on facts gained through an investigation, it appears that a crime may have been committed and should be prosecuted.

Answer 29

probable cause

Question 30

an agreement as to the facts of the case and the penalty reached

Answer 30

stipulation

Question 31

Being ordered to appear in court in a legal case.

Answer 31

subpoena

Question 32

If during the early investigative process, the alleged facts, if true, puts the public’s health, safety or welfare in jeopardy, the DBPR may impose a

Answer 32

summary/emergency suspension order

Question 33

A licensee that has had a complaint filed against him can

Answer 33

voluntary relinquishment for permanent revocation