CHAPTER 6 SNAPSHOT REVIEW
Violations of License Law, Penalties, & Procedures
Snapshot Review
DISCIPLINARY PROCEDURE
Complaint
● in writing, signed, and legally sufficient; filed within 5 years of violation; DBPR initiates investigation, may issue notice of noncompliance
DBPR Investigation
● investigates anonymous, confidential informant, withdrawn, and DBPR or FREC complaints
Probable-cause panel
● at least 2 FREC members who meet requirements; determines if probable cause exists; may dismiss case or issue letter of guidance when no probable cause
● probable cause found – formal complaint filed
Formal/administrative complaint
● prosecuted by DBPR; offender notified and given Election of Rights on how to proceed
Stipulation
● agreement to end case when licensee does not dispute accusation; approved by FREC
Voluntary relinquishment
● licensee agrees to permanently relinquish the license; approved by FREC
COMMISSION MEETING
Formal/informal hearing
● licensee does not dispute allegations; FREC holds hearing FREC determines guilt or innocence
● if dispute arises, case sent to formal hearing
Formal hearings
● heard by administrative law judge who is member of Florida Bar for 5 years; judge issues recommended order to FREC
FREC-issued final order
● FREC reviews recommended order and issues final order and penalties if warranted
Judicial review
● licensee can disagree with final order and request appeal; may also file stay of enforcement until appeal completed
VIOLATIONS & PENALTIES
FREC’s authority
● FREC has authority to deny license application; refuse license renewal; reprimand licensee; issue notice of noncompliance; impose fines, probation, and citations; suspend license; revoke license; revoke without prejudice; order mediation
Violations & penalties
● list of violations contained in F.A.C. 61J2-24.001 and Chapter 455.227; penalties imposed during hearings; aggravating or mitigating circumstances alter imposed penalty
● violations resulting in citation found in 61J2-24.002 F.A.C
Penalties by court of law ● civil – monetary only; criminal – misdemeanors and felonies
REAL ESTATE RECOVERY FUND
Brokerage transactions
● payments approved if licensee and claimant requirements met
Unqualified to make claim
● offending licensee’s spouse; single agent or transaction broker; licensee owned property; no current license; no punitive damages
Payment for claims
● limited to lesser of total judgment or $50,000 each claim; $150,000 total per licensee; licensee must repay Fund
Fund limits and fees
● funded by fees charged for new and renewal licenses and by disciplinary fines
