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23 Cards in this Set
- Front
- Back
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Department of Business & Professional Regulation (DBPR) |
(F.S.455) DBPR= the agency charged with licensing & regulating businesses & professionals in Florida. -DBPR is under the executive branch of the governor -The Legislature under Chapter455 granted authority to the DBPR to investigate consumer complaints, issue subpoenas when conducting investigations, issue cease & desist orders to unlicensed individuals, & issue citations to individuals licensed by the DBPR -The chief administrator of the DBPR is the secretary of the DBPR, appointed by the governor, subject to confirmation by the state senate. -DBPR office is in Tallahassee, Fl |
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Division of Professions |
Administers numerous professional boards. Regulates education courses & license examinations for each profession under DBPR -Contracts with professional testing service for exam services |
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Division of Service Operations |
Two important units under the Division of Service Operations: 1)The Customer Contact Center- handles all incoming phone, postal, & email inquiries 2)The Central Intake Unit- processes all license applications & license fees & responsible for the issuance of all licenses & license renewal notifications |
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Division of Florida Condominiums, Timeshares, & Mobile Homes |
Provides consumer protection for Florida residents through education, complaint resolution, mediation & arbitration, & developer disclosure. -Also provides an arbitration program to handle recall & election disputes for homeowners associations (HOAs) |
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Division of Real Estate (DRE) |
Provides all services required to administer the Florida real estate license law -The duties of DRE are essentially administrative (routine duties & clerical functions on behalf of the FREC & ministerial (record keeping) -DRE office in Orlando, Fl •The director of the DRE is appointed by the secretary of DBPR -The DBPR employs all DRE personnel to support FREC activities |
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Florida Real Estate Commission (FREC) |
Regulatory body charged by the Florida Legislature with protecting the general public by regulating real estate brokers, brokerage firms, brokers associates, sales associates, & real estate schools & instructors •FREC is also charged with fostering the education of real estate licenses & permit holders -Protects the public (consumer protection) |
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The FREC (Florida Real Estate Commission) consists of 7 members: |
5 of the members are professional (licensed) -4 MUST be Fl real estate brokers who’ve held active licenses during the five years preceeding -1 MUST be either a Fl real estate broker or sales associate who’s held an active license during 2 years preceeding 2 remaining are consumer (unlicensed or lay) members who’ve never been real estate brokers or sales associates At least one member must be 60 years of age or older |
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The governor appoints Commission members to four year staggered terms. |
-Commissioners may not serve more than two consecutive terms, no legislated maximum # of years they may serve (just not more than 2 in a row) -Commission members do not receive a salary. They are paid $50 a day for each day they attend an official meeting & each day they participate in other Commission business |
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FREC meetings are held each month at the DRE headquarters in Orlando. |
Must be a quorum (majority) consisting of 4 Commission members |
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The FREC makes decisions & sets policies that are carried out by the DRE (Division of Real Estate) |
The powers & duties of the FREC fall into three general areas of responsibility: 1)Executive: Powers to regulate & enforce the license law (Foster the education of applicants & licenses, Adopt a seal, Establish fees) 2)Quasi-Legislative: create law- Responsibilities include the power to enact & revise administrative rules & bylaws & decide questions regarding the practice of real estate (create & pass rules & bylaws, regulate professional practices) 3)Quasi-Judicial: Enforces law, fines, etc- Responsibilities include the power to grant or deny license applications, to determine license law violations, & to administer penalties |
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License renewal periods |
All real estate licenses are issued with an expiration date of either March 31 or September 30 -License will be as close to 24 months, not exceeding 24 months at least 18 months |
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License Renewal |
Must complete post-license education before the first renewal of initial license - If you fail to renew a license, you have 24 months in which to renew the license |
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Armed Forces Renewal Exemption |
A licensee in good standing who is a member of the U.S. armed forces is exempt from the renewal provisions during the licensees period of active duty & two years after discharge from active duty -If the military duty is out of state, the exemption also applies to a licensed spouse. |
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Active & Inactive Status |
Active status is required to engage in real estate services. Sales associates achieve active status by finding an employer & registering with the DBPR 2 types of inactive: 1)Voluntary inactive & 2)Involuntary inactive •A license is placed in involuntary inactive status for NO MORE THAN TWO YEARS, after two years the license automatically expires- becomes null & void -Once a license becomes void, must reapply for licensure, retake the 63 hour Prelicense course, and retake and pass the exam |
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When a licensee has been involuntary inactive for: |
A) 12 months or less, they can complete 14 hours of FREC-approved continuing education B) More than 12 months but LESS THAN 24, required to complete 28 hours of a Commission-prescribed reactivation education course If there is illness or economic hardship, can apply to FREC for reinstatement within six months after the date the license became null & void |
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Brokers License Suspension or Revocation |
When a brokers license is suspended or revoked, no disciplinary action is taken against the associates, but the DBPR places the licenses on involuntary inactive status till you find and register a new broker. |
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Null & Void |
When a license is null & void, it no longer exists. -when a license has been involuntary inactive for more than 2 years -if a license has been revoked after a disciplinary proceeding (Revocation is a permanent penalty & licensee is put out of real estate business forever) -failure to complete post-license education requirement before expiration of initial license -a person who no longer wants to engage in real estate business can voluntarily relinquish or cancel their license (sends written communication to DBPR indicating retirement) |
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Cease to be in force |
THE DBPR MUST BE NOTIFIED WITHIN 10 DAYS WHEN: - A broker changes business address -A real estate school changes business address -A sales associate changes employer -An instructor changes employer •Licensees must notify the DBPR in writing within 10 days of a change in mailing address, or may receive a $500 citation |
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A Florida real estate licensee who moves out of state and becomes a nonresident of Fl is required by law to notify the Commission within 60 days |
A Fr resident licensee who fails to notify the Commission of becoming a nonresident may be issued a citation & fined $309 |
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Disciplinary guidelines |
Sharing a commission with or paying a fee to a person not properly licensed first violation the licensee may be issued a $250-$1000 administrative fine & be subject to 30 day suspension to possible revocation if the license. |
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The license status of individuals can be verified using the Departments license portal online service. Example: Current/Active Current is the primary status. A current status indicates the licensee if you to date with DBPR requirements Active is the secondary status. Active indicates the licensed sales associate is allowed to operate under the associated license |
Example 2: Probation/Active Probation is the primary status. This status allows the licensee to continue to practice real estate while completing conditions imposed by the FREC as a condition of discipline, such as to complete education courses or pay fines. •Primary status such as involuntary inactive or null & void indicates the licensee may not operate |
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Multiple Licenses (Only for BROKERS)- are issued to a broker who qualifies as the broker for more than one business entity -For each business that a person is a broker, a separate broker license must be obtained -A broker who holds more than one Florida broker license is said to hold multiple licenses. |
Sales associates and brokers associates may only have one registered employer at a time so they may not hold multiple licenses. |
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Group License is sometimes issued to sales associates or broker associates who are registered under an owner-developer •An owner-developer may own properties in the names of various entities. If the entities are all connected so that the ownership and control is with the same individuals, sales associates and broker associates employed by the owner-developer may be issued a group license |
This allows the associates to sell for all the affiliated entities owned by the owner-developer |
