Chapter 3 – Snapshot Review
Real Estate License Law and Commission Rules
Snapshot Review
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Organizational structure
● structured by F.S. Title IV, Section 20 and governed by F.S. Chapter 120
● headed by Secretary of BPR with main office in Tallahassee
● consists of several divisions, including those related to real estate
Legislative intent
● protect public and not allow unreasonable restrictions on those seeking to practice
● regulations necessary when unregulated practice could harm public; when other means do not protect public; when less restrictive regulations do not exist
Powers & duties
● establish licensure rules; investigate complaints; impose penalties; approve licensure
Licensing examinations
● exam prep and services set up by Division of Professions under DBPR, assuring that exams measure applicant’s ability to practice
● provides exam review procedures
● exams scores are confidential and kept for 2 years
DIVISION OF REAL ESTATE
Organizational structure
● director appointed by DBPR Secretary; approved by FREC; staff to support FREC; offices in Orlando; funded by FREC fees and assessments; established FREC
Duties
● carry out FREC policies; exams, licenses, regulates licensees; records; investigations
FREC
Purpose of regulation
● protect public from fraud and incompetent practices
Rules
● establish probable cause panel; remove FREC members for excessive absences; office in Orlando; DBPR reporter for FREC orders; provide public speaking time at meetings
General structure
● 4 licensed brokers for past 5 years; 1 licensed broker or sales associate for past 2 years; 2 members of public never licensed; all appointed by governor, confirmed by senate
● 1 to be 60 years or older; members elect chairperson and vice-chairperson; 4-year terms
● may hire attorney as approved by Attorney General
● monthly meetings with one annual meeting; quorum required; members paid per diem
Duties & powers
● enforce license law; investigate complaints; issue, deny, suspend, or revoke licenses; decide questions of practice; keep records
● establish fees; create rules; prescribe education courses; discipline licensees or applicants
LICENSE RENEWALS, STATUSES, TYPES
License renewal
● renew for 2-year periods; initial period 18-24 months; renew March 31 or September 30; complete post-license or
continuing education; involuntary inactive status for nonrenewal
● renewal provisions or fees waived for military members and spouses of out-of-state members or deceased members
License status
● active required for practicing
● voluntary inactive when initial license not activated, when licensee chooses status at renewal, when licensee requests; reactivate by applying, paying fee, completing CE; renew every 2 years
● involuntary inactive for nonrenewal; reactivate by applying, paying fee, completing CE, all within 2 years of involuntary inactive status
● null and void for not completing post-license course, for not renewing involuntary inactive license within 2 years, for revoked license, for voluntary license relinquish
● ceases to be in force when business address changes; must report within 10 days
● licensee to notify DBPR of current mailing address or change of address within 10 days
● FL resident licensee becoming nonresident to notify FREC within 60 days
Multiple and group licenses
● multiple – brokers who serve multiple business entities need a license for each entity; sales associates and broker associates not eligible for multiple licenses
● group – for sales associates or broker associates working for owner/developer who owns properties through multiple business entities that are connected and controlled by owner
