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32 Cards in this Set
- Front
- Back
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Chapter 475 |
Real Estate License Law
Part 1. Real Estate Brokerage Part 2. Appraisal Part 3. Commercial Sales Lien Rights Part 4. Commercial Leasing Lien Rights |
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Chapter 455 |
Regulation of Businesses and Professions. Defines general practice and procedures for DBPR, including unlicensed practice of real estate. FS |
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FS 120 |
Licensing and disciplinary procedures for real estate licensees. |
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61J2 FAC |
Rules of the FREC |
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Department of Business and Professional Regulations. |
DBPR or BPR; regulates business and professions; secretary of DBPR appointed by governor, confirmed by senate. |
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Power and Duties of DBPR |
Adopt rules & regulations; standing to challenge any rule of commission; prepare and administer examinations; issue licenses; investigate complaints; seek evidence in investigation or proceeding (take depositions and issue subpoenas) |
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Division of Real Estate |
DRE, Director appointed by secretary of DBPR subject to approval by commission; provides all services concerning chapter 475. |
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Duties of Division of Real Estate |
Executive (investigation of complaints); ministerial (maintenance of records); administrative (clerical and routine duties) |
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Funding of Division Of Real Estate. |
Fees & assessments of commission. |
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Principal office of DRE. |
Orlando, by Law |
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Purpose of 475 |
Protect public from economic loss. |
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Rules |
Implement and prescribe law. |
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Florida Real Estate Commission. |
FREC; agency; administers and enforces administrative license law. |
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Membership of FREC. |
7 members: 4 Brokers, 1 Broker or Sales associate, 2 consumer members; 1 member 60 or older. |
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Appointment of members of FREC. |
Appointed by governor for 4 year terms; confirmed by the senate. |
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Compensation of FREC members. |
NOT salaried employees of DBPR; Compensated for attending meetings. |
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Election of officers annually. |
Chairperson and Vice Chairperson elected. |
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Official Records. |
Minute book and order book. |
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Legislative (Quasi-Legislative) Powers |
Enactment of rules and regulations; can NOT conflict with constitution, statues and other laws; decide questions of practice; validate records (imprinted with seal) |
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Adoption of rules. |
Must relate to duty or power of commission; notice published 28 days prior to public hearing. |
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Petition regarding rule. |
ANY person regulated by FREC may petition the commission to adopt, amend or repeal a rule. |
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Effective date of rule. |
20 days after being filed with secretary of state. |
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Judicial (Quasi-Judicial) Powers |
Suspend, Revoke, Reprimand, Censure, Probation and administrative fines. |
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Public Hearing |
ANY affected person may present evidence and argument at hearing. |
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Appeal FREC Decision |
District court of appeals. |
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Delegation of FREC power. |
Any duties and powers EXCEPT disciplinary powers and power to adopt rules. |
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Specific power and duties |
Adopt a seal; certify documents (Signed by authorized person) and imprinted with seal; certificates are prima facie evidence of authenticity in all courts in Florida; foster education; establish fees. |
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Prima Facie Evidence |
"On its Face" a document or an action is presumed to be true; may be refuted in court by evidence to the contrary. |
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License |
Piece of paper in pocket; prima facie evidence that person holds current and valid licensure; includes name and license number |
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Licensee |
The person who holds a License. |
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Registration |
Status; Having name and address in computer; All persons holding Licensure also have registration but NOT all persons have registration hold Licensure. |
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Licensure |
Status; having name in computer qualifying a person as a broker or sales associate; the right to ask for a license; status obtained by passing state exam. |
