Chapter 3
Multiple Licenses
While Sales Associates can work only for one employer, a Broker can be a director of one or more Real Estate companies. Brokers may also work for more than one Real Estate Company. If a Broker can demonstrate that it is necessary for his/her business, he/she can apply for Multiple licenses
Group License
A Sales Associate or Broker-Associate is eligible for a group License if he/she works for an owner developer of various affiliated properties.
Canceled
A license can be canceled voluntarily by a person no longer wishing to be involved in the real estate business
Void
A license may become void if: a. If it is expired for more than 2 years b.If it has been revoked as a result of a disciplinary action c.If it has been Canceled voluntarily by a person whining no longer to be in the Real Estate business
Renewal Procedure and Time Period
If a license has been involuntarily inactive for 12 months or less, the licensee may reactivate it by completing 14 hours of FREC-approved continuing education. If the license has been involuntarily inactive for more than 12 months but less than 24 months, the licensee must complete two 14-hour continuing education courses to reactivate his license.
Involuntary Inactive Status
If a licensee fails to submit the appropriate renewal fee prior to the renewal date or does not satisfactorily complete the required continuing education, his/her license is placed on involuntarily inactive status. If a broker's license is suspended, any sales associates working for the broker will have their licenses placed on involuntarily inactive status. (They will be unable to continue to work because their employer's license is not in effect.) If a license remains involuntarily inactive for more than 2 years, it automatically expires and becomes void. To reenter the real estate business at this point means starting from the beginning and retaking the required FREC course.
the statutes are divided into
In Florida, chapters, parts, and sections. For example, FS 475.42 refers to Part I of Chapter 475 of the 2009 Florida Statutes, Section 42: Violations and Penalties. Section 42 is further subdivided by letters detailing each violation.
Voluntarily Inactive
Licensee, who does not desire to perform real estate services, but wants to keep his license up to date, can place his license in Voluntarily Inactive status
Licensing and Fees
Licenses are issued as a wallet size card. The basic fees include: An administrative charge, not to exceed $100 An initial licensing fee, not to exceed $50 A license renewal fee, not to exceed $50 A Real Estate Recovery Fund fee ($3.50/year for brokers; $1.50/year for sales associates) An applicant for the sales associate's license pays $105.00 application fee. Those charges are subject to change. You can check the latest fees at: http://www.myflorida.com/dbpr/re/documents/re-2000-2a.pdf
Members of Armed Forces
Members of the military in active duty and their spouses are exempt from the renewal requirements as long as they are on active military duty, and for six months afterwards. During this period, they cannot perform real estate services
Obtaining a License by Fraud or Misrepresentation
Obtaining a license by fraud and or misrepresentation is a serious offense. The FREC commission may revoke the applicant's license, and clients may sue the applicant for any real estate commissions received while practicing real estate. When an application is received at the DBPR, the department has 30 days to check for errors and omissions, and 90 days to perform a background check. However, if complaints or new findings (such as a previous arrest record or a bad check collection) arise during the career of the licensee and are brought to the attention of the office of the attorney of the DBPR, the licensee is quickly contacted for questioning and investigated. Penalties are promptly assessed if the claims are substantiated. As a result, full disclosure by the new applicant is the best way to avoid those situations.
Recruiting
Private (proprietary) real estate schools may not promise employment as a result of passing a pre-licensing course or recruit sales associates from its students. At the beginning of each teaching cycle, the real estate instructor must inform students that no offer for employment is offered by the school upon graduation.
Advertising
Private schools cannot advertise real estate courses that have not been approved by the commission. Nor can advertisements contain exaggerated or false claims. Real estate schools cannot base their advertisements on potential future earnings of pupils.
The Term License
Simply possessing a license may not mean that a licensee is entitled to do business with the public. The license indicates that the holder has kept up with education requirements and paid the appropriate fees. However, if the license is not effective, the licensee may not perform real estate services.
Licensing and examinations
The DBPR is has the responsibility to ensure that examinations are accurate and reliably measure the knowledge of applicants. The DRE works with the DBPR's Division of Technology, Licensure and Testing to accomplish this.
Division of Service Operations and Licensure
This Division has several units and it regulates license exams, and education courses for each profession, handles inquiries for licensees and the general public, processes all license fees and applications that are received by the DBPR, and issues all licenses and renewal notices.
Division of Professions and Regulations
This Division is responsible for the enforcement rules governing the professions and businesses regulated by the DBPR. It manages a large number of professional boards. The real estate profession is organized as a separate division under the DBPR
DRE
This Division is responsible for the general regulations of ALL Real Estate in Florida
When does a License Cease to be in Force?
When a license ceases to be in force, the licensee cannot legally provide real estate services. When a licensee or registered real estate school changes its business address or when a sales associate or real estate instructor changes employers, the Commission must be notified of the changes within ten days. Until the Commission receives the notification, the license ceases to be in force.
When is a License Void?
When a license is void, it does not exist anymore. A license may become void under the following circumstances: If it is expired for more than two years. If it has been revoked as a result of disciplinary action. If it has been canceled voluntarily by a person no longer wishing to be involved in the real estate business.
Cease to be in Force
When a license or registered real estate school changes its business address or when a sales associate or real estate instructor changes employers, the Commission must be notified of the changes within 10 days. Until the Commission receives the notification, the license ceases to be in Force
Real estate rules and regulations are enforced by..
all estate rules and regulations are enforced by the Department of Business and Professional Regulations. The department is also referred to as DBPR and it is responsible for regulating all licensed professions in the state.
Proprietary real estate schools
are those schools that are privately owned, and must be registered with the Commission. At least one of the directors must be a licensed real estate broker, and the instructors must be licensed as real estate instructors. Community colleges, technical centers, and public adult and vocational learning centers are exempt from registration, but they must meet the requirements established by FREC.
The DBPR is responsible for enforcing state law. The divisions for Real estate are organized as follows..
1. The Division of Real Estate (DRE) 2. Division of Service Operations and Licensure 3. Division of Professions and Regulations
When is the License Effective?
A license is effective when the licensee meets all the requirements for renewing and maintaining it. These requirements include, but are not limited to, paying the renewal fees, keeping up with post licensing and continuing education classes, and avoiding suspension or revocation imposed by the Commission. If a license becomes voluntarily or involuntarily inactive, it is considered ineffective. A license also becomes ineffective when it is suspended as a result of disciplinary action. It is illegal to practice real estate with an ineffective license. A voluntarily or involuntarily inactive license may be reactivated and made effective by fulfilling the prescribed education requirements and paying the appropriate fees.
Active Status
A license may be active, voluntarily inactive, or involuntarily inactive. If the license is active, the licensee may perform all real estate services for compensation. A licensee can perform the services of real estate only with an active license. It is a good business practice to check on the status of your license periodically at www.myfloridalicense.com. You can also find out if you need to pay renewal fees or fines, and ensure the state has correct information on your business address and company affiliation.
Voluntary Inactive Status
A licensee, who does not desire to perform real estate services but wants to keep his license up to date, can place his license in voluntarily inactive status. This change must be requested using the proper form. The licensee may change the status of his license back to active by submitting the proper request form at any time. A voluntarily inactive license can be renewed indefinitely provided that the licensee completes the required continuing education and pays the appropriate fees. A voluntarily inactive license that is not renewed prior to its expiration automatically reverts to involuntarily inactive status. In order to change status from inactive to active, licensees must have their employing brokers sign the appropriate departmental form and then file it with the commission. The activation is effective on the date of receipt of the form by the department as long as the licensee is in compliance with all of her academic requirements and all fees are paid.
License Renewal
An initial license is provisional and subject to the fulfillment of the post licensing education requirements. The initial license actually provides around 18 months of licensure because it is scheduled to expire on the nearest six month renewal date short of two years. License termination dates are March 31 and September 30. Every two years, a license must be renewed by fulfilling the education requirements and paying the appropriate fees. If the newly licensed sales associate or broker does not attend the required post licensing class, he or she automatically loses his or her provisional license. The only way to become active in real estate again is to start the process from scratch. If a licensee does not renew his or her license before the expiration date, it automatically becomes involuntarily inactive at the end of the license period. The licensee may not operate after that point, and must renew the license within 24 months or must begin the licensure process from the beginning. That means the licensee must retake the pre-licensing course and once again pass the end-of-course exam and the state exam.
Ineffective
If a License becomes voluntarily or involuntarily inactive, it is considered ineffective. It also becomes ineffective when it is suspended as a result of disciplinary action. It is illegal to practice real estate with a ineffective license
Involuntarily Inactive
If a licensee fails to submit the appropriate renewal fee prior to the renewal date or does not satisfactorily completes the required continues education the license is placed on Involuntarily Inactive status. If a broker license is suspended, any sales associates working for the broker will have their license placed on Involuntarily Inactive status
Real Estate Education and Research Foundation
The Florida Real Estate Commission Education and Research Foundation (FS 475.045) was established in 1985. Its purpose is to fund real estate education projects and research in order to benefit the public and improve the knowledge of real estate licensees. The Foundation activities and projects are funded from income derived from the real estate portion of the Professional Regulation Trust Fund. Each year, the director of the DRE submits an annual budget for the fiscal year's projects to the Commission for its review and approval. A report of the Foundation's activities and accomplishments must be published annually. The organization and operation of the Foundation Advisory Committee is set out in FAC 61J2-25. It consists of nine members, a chairperson and vice-chairperson, and meets twice a year. The presence of five members at a meeting constitutes a quorum. Minutes of meetings must be kept and are open to the public.
