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16 Cards in this Set
- Front
- Back
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Who issues the Final Order? |
FREC Final Order Panel |
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What is the Final Order?
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It finds the defendant guilty or innocent of the charges. |
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Who is on the FREC Final Order Panel? |
all 5 of the remaining FREC members that were NOT on the Probable Cause Panel. |
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Why is the Final Order Panel made up of different FREC members than the PCP? |
1. so the entire FREC is involved in every verdict, 2. a final set of eyes on the case. |
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Does the FREC Final Order Panel have to accept the Judge's recommended penalty? |
No, FOP can increase or decrease the penalty. |
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What must FOP do if they want to change the penalty from the Judge's Recommended Order? |
FOP must review the hearing. |
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What does the defendant do with a Final Order of guilty? |
The defendant/licensee has 30 days to accept or appeal the ruling. |
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What if the defendant disagrees with the Final Order? |
They file an appeal with the District Court of Appeal within 30 days of the Final Order. |
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What is an appeal called? |
A Petition for Review. |
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When does FREC's FOP's Final Order to suspend or revoke the defendant's license take effect? |
FOP's decision is in effect immediately upon the Final Order being filed and stays in effect during any appeal. |
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During appeal can the licensee practice real estate? |
No, during appeal FREC's Final Order is in effect. |
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Is the licensee out of business during the appeal process? |
Yes, unless the court issues a stay, which supersedes the penalty & allows the licensee to continue pending the appeal court's final decision. |
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What is known as the higher court granting supersedeas? |
If the appeals court reverses FREC's decision. |
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If the appeals court reverses FREC's decision, will the court give the defendant his license back? |
The court can not give the license back, they can only order FREC to give it back. |
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What is it called when the appeals court orders FREC to give back the defendant's license? |
a writ of mandamus. |
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If the Court of Appeal agrees with FREC, does the defendant have any other recourse? |
The licensee can appeal to the Florida Supreme Court. |
