The FREC and the Department handle administrative law and criminal violations are sent to the

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Violations of License Law: Penalties & Procedures

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- F.S. 475, violating requirements regarding rental lists, information and contracts

Second degree misdemeanor

- disseminating false or misleading advertising F.S. 475

- up to $5000 in fines and up to 5 years in prison

- broker operates in a reckless, careless, and excessively negligent manner

- omission of facts ex; 4 bedroom house listed on MLS as 3 bedroom house

- if a mortgage or other liens exist against property, the broker must inform a prospective

- may be imposed by the commission (FREC) for violations of law or rules in amounts up to $5000 per

describes alleged violation to determine if the complaint is legally sufficient

if complaint is legally sufficient its sent to enforcement section of the division, case number

administrative law judge can issue subpoenas for witnesses and compel attendance of

Judicial Review (Appeal Process)

petition for review may be filed with the FL district court of appeals

FL Real Estate Recovery Fund (FS 475)

established for the purpose of reimbursing persons or entities that have

Complaint, Investigation and Hearing Procedure for Real Estate Licensees

The Division is charged with the

Anyone can file a complaint with the Department against a licensee.

Legally sufficient complaint

this means that the complaint must allege that a violation of Florida Statute, DBPR

is an EMERGENCY suspension order. It is issued by the Secretary of the DBPR when the public

An INVESTIGATOR is appointed if the DBPR feels that the complaint is legally sufficient; or

TWO MEMBERS of the FREC are appointed by the Chairperson to review the investigator's report

These two members act as a grand jury: they determine if they believe there is a law violation- not

If the panel does not believe probable cause exists

The Department has ten days to override the decision and

If the panel believes there is probable cause

the panel tells the Department to file a formal complaint against

If probable cause is found, a FORMAL or "ADMINISTRATIVE " complaint is filed against the

license in the complaint will be issued an Election of Rights form, which will explain the

which is voluntary agreement between the Division of Real Estate and the licensee, which will then

Voluntary Relinquishment for Permanent Revocation

These agreements will still be set before the FREC so that

Is held at a meeting of the FREC, usually at its regular meeting time.

Each party involved in the case has the right to an attorney.

Notice must be given to the parties charged

The administrative prepare law judge.

A FINAL ORDER PANEL is convened of all the members of FREC EXEPT those that sat on the Probable

The licensee may appeal to the courts if the FREC did not rule in his favor. The licensee

Stay Enforcement definition

The act of temporarily stopping a judicial proceeding through the order of a court.

A party seeking a stay of the enforcement of a judgment or order pending appeal may serve

The Florida Real Estate Commission is authorized to do a number of tasks. These are:

When a license is denied by the FREC, a copy of the order is mailed to the applicant by

basis for DENIAL of a license

-Did not file an application in the proper form or pay the correct fee,

Refusal to RENEW a license may be the following:

- Did not file the proper paperwork in a timely fashion,

A suspension of a license is considered a SHORT TERM, temporary penalty that can last UP TP

is PERNAMENT and as such it is a very serious punishment.

Revocation without Prejudice

The only exceptions to this rule is when:

is issued for MINOR violations of the law when public welfare is not threatened

The FREC has the right under law to fine anyone found guilty of a violation of Chapters 455

Probation as a penalty, unless otherwise stated, IS FOR a PERIOD OF 90 DAYS starting within 30 days

the FREC has set forth the rules, and statutes that are considered minor violations and for

Penalties issued by a Court of Law

The Department and the FREC

Buyers or sellers or tenants may seek legal action against brokers when they feel they have been

Real Estate Recovery Fund

designed to serve as consumer protection for those consumers who were harmed in a

Real Estate Recovery Fund financing

The fund is financed through money RECEIVED from ADMINISTRATIVE FINES and a

a CIVIL suit must be filed against a broker or sales associate claiming a violation of

Real Estate Recovery Fund Exception

The only exception to the licensee being suspended for a claim on the

The licensee charged in a Department of Business and Professional Regulation complaint is made public when?

an exception to the recommended order?

he could receive, unless otherwise stated by the commission?

What Florida agency is responsible for investigating real estate complaints?

Department of Business and

Why is a Summary Suspension Summary given?

because the Department feels that there is an immediate danger to

to file an appeal with the district court?

The Department receives an unsigned complaint. What can the Department do?

Investigate the complaint if the

Recovery Fund. What would be the outcome of this request?

Because the Florida Real Estate Commission issued an

What does the Probable Cause Panel due?

holds an investigation, and, if probable cause is found to exist, will

time period is a Maximum a suspended license can last?

pursuant to other law, and under contract with government entities

Division of Administrative Hearing (DOAH)

These rights are enforced by the

Florida Homeowners Construction Recovery Fund

by any broker or sales associate

The Florida Real Estate Recovery Fund

Department of Business and Professional Regulation

Florida Real Estate Commission

The Division of Administrative Hearing

Division of Administrative Hearing

Federal Legislation focuses primarily on

Anti-Discrimination laws and Fair Trade practices

State laws and licensing regulations focus on

agency and disclosure requirements and regulating certain brokerage

professional image in the community, and avoid

regulatory sanctions and lawsuits

Federal and State governments have enacted laws prohibiting

discrimination in the national housing market

of these Fair Housing laws, or Equal Opportunity Housing laws, is to

give all people in the country an equal

religion, sex, national origin, familial status, and disability

relates to selling, renting, inheriting, and conveying real estate

The prohibition relates to

selling, renting, inheriting, and conveying real estate

president issued Executive Order 11063 to

prevent discrimination in residential properties financed by FHA and

The Fair Housing Act, prohibits discrimination in housing based on

race, color, religion, or national origin

Office of Fair Housing and Equal Opportunity

Department of Housing and Urban Development

terms for the purpose of discriminating. For example,

an agent may not inform a minority buyer that the seller has

An agent may not advertise residential properties in such a way as to

restrict their availability to any

An agent may not alter the nature or quality of brokerage services to any party based on

customary to show qualified buyers prospective properties immediately, an agent may not

Steering is the practice of

directly or indirectly channeling customers toward or away from homes and

An agent tells Buyer A that a neighborhood is extremely attractive, and that desirable

Blockbusting is the practice of

inducing owners in an area to sell or rent to avoid an impending change in the

Agent Smith tells neighborhood owners that several minority families are moving in, and that

It is discriminatory to restrict participation in any multiple listing service based on one's

the residential financing practice of refusing to make loans on properties in a certain neighborhood

An exemption of the Fair Housing Act is

a privately owned single-family home where no broker is used and no

An exemption of the Fair Housing Act is a

rental of an apartment in a 1-4 unit building where the owner is

Exemptions of the Fair Housing Act are

facilities owned by private clubs and leased Non-Commercially to members

property based on race is

prohibited under the provisions of the Civil Rights Act of 1866. Thus, while the

In 1972, Housing of Urban Development instituted a requirement that brokers display a standard

The Department of Housing and Urban Development poster affirms the broker's

compliance with Fair Housing laws in

Amendments to Federal Fair Housing Laws prohibit discrimination based on

sex and discrimination against

Federal Fair Housing Laws do Not prohibit age and family status discrimination in

Fair Housing laws apply to home sellers as well as to

agents, with the exception of the exemptions

If an agent goes along with a client's discriminatory act, the agent is

equally liable for violation of Fair Housing

It is imperative to avoid complicity with client discrimination. An agent should

An example of potential client discrimination is

refusing a full-price offer from a party

conjunction with federal or local enforcement authorities

The Department of Housing and Urban Development (HUD)

Development, a party may file suit in state or federal court within _____ of the alleged violation

his or her business. For example,

a discriminating home builder may be restrained from selling available

humiliation, suffering, and pain

If a Fair Housing violation discrimination is confirmed in court, the injured party may

equal opportunity in housing

Equal Credit Opportunity Act (ECOA) was enacted in

The Equal Credit Opportunity Act requires lenders to be fair and impartial in determining

With regard to the Equal Credit Opportunity Act of 1974, A lender may not discriminate on the basis of

Home Mortgage Disclosure Act

Trade associations representing the real estate industry have instituted their own codes of

One standard of most trade associations relating to their own codes of ethics and professional practices is

beyond the agent's qualifications, such as

law, investment counseling, securities brokerage, and tax advising

Most codes of ethics uphold the commitment to fulfill fiduciary duties. Specific applications include

customers. Some of the guidelines for working with customers include

honestly representing market value and

that the agent is going to receive compensation from more than one party in a transaction

Professional conduct excludes disparagement of competitors. Real estate professionals also

In letter means to do exactly what it says in the text. In spirit means to follow the

Real estate professionals must comply with Fair Housing laws in

Equal Credit Opportunity Act

to speak of in a slighting or disrespectful way, belittle. To reduce in esteem or rank

Second-degree misdemeanors

False and misleading advertising and maybe punished by a fine up to $500 and/or

First-degree misdemeanors

Punishable by a fine up to $1,000 and/or imprisonment not to exceed 1 year. Rental

Anyone that act as a broker or sales associate without being the holder of a valid and

The Florida Real Estate Recovery Fund

Maintained by fees and fines paid by licensees.

The licensee charged in a DBPR a complaint is made public when?

10 day after probable cause is found to exist.

exception to the Recommended Order?

What Florida agency is responsible for investigating real estate complains

DBPR (Department of Business and

Why is a summary suspension order given?

Because the department feels hat there is an immediate danger to

Because the FREC issues the Earnest Money Disbursement Order, the broker is entitled to repayment up

Holds and investigation, and , if probable cause is found to exist, will direct the

under contract with governmental entities

The Division of administrative hearings (DOAH)

The __________ administers and enforces the real estate license law, chapter 475, part1, Florida Statues

Florida Homeowners' Construction Recovery Fund.

probation, he could receive, unless otherwise stated by the Commission.

The Division of Real Estate (DRE)

Is unit under the Department of Business and Professional Regulation (DBPR)

Is the practice of directly or indirectly channeling customers toward or away from homes and

Is the practice of inducting owners in an area to sell or rent to avoid and impending change in the

Is the residential financing practice of refusing to make loans on properties in a certain

A Final Order Panel is convened of all the members of FREC except those that sat on the Probable

The DBPR requests that the case be prosecuted by an administrative law judge.

If probable cause is found, a formal or "administrative" complaint is filed against the licensee

Two members of the FREC are appointed by the Chairperson to review the investigator's report and

A suspension of a license is considered a short term, temporary penalty that can last up to

Who is charged with the responsibility of investigation of potential licenses and current licensees.

Requieren no further proof, acceptable on the face.

the licensee charged in a DBPR complaint is made public when?

10 days after probable cause is found to exist

what FL agency is responsible for investigating real estate complaints?

the Dept receives an unsigned complaint. what can they do?

bc the FREc issued the earnest money disbursement order, the broker is entitled to repayment up to $50000

The Probable Cause Panel:

holds an investigation and if probable cause is found to exist, will direct the

The division of administrative hearings

provides independent Administrative Law Judges to conduct hearings pursuant

division of administrative hearings

formal complaint; defines all charges; Dept has limitation of 5 years to file the

explains the hearing process

held at a meeting of the FREC, if agreed its resolved if not the case is sent to

receives recommended order from adminstrative law judge with exceptions. licensee has right

fines cant exceed how much for a first offense?

when does probation start?

30 days after the Final order

Real Estate Recovery Fund; where does it come from?

serves as consumer protection for those who were harmed in

Which Florida Administrative Code authorizes the FREC to enforce rules against its members?

Who oversees the DRE which administers the Frec to regulate real estate in Florida?

What is the most serious violation heard by Frec?

What is the maximum administrative fine for violation of Florida real estate law?