Chapter 3

Active or Voluntary inactive 1st Renewal

-post licensing - 45 hr Sales Associate /60 hr Broker -renewal date March 31- Sept 30

initial license

63hr sales associate course (FREC I) 72 hr Broker (FRECII)

group license [FS 475.215 and F.A.C 61J2-6.006]

A sales associate or broker associate may only have one registered employer at a time. A group license is a single license that can be obtained if the sales associate or broker associate works for one owner-developer with affiliated organizations, which provides real estate services in a different geographic are. the owner-developer must submit proof that various properties are owned in the name of different entities, but that real estate ownership is connected and essentially the same.

involuntary inactive

An individual who does not request renewal of their second or subsequent license, pay the required fees, or maintain their CE requirements will have their license automatically placed in a involuntary inactive state. A license may remain in a involuntary status for no more than two years.

Voluntary inactive license

An individual who has attained his or her license but does not wish to engage actively in the real estate business can request a voluntary inactive license. Must pay dues, required fees, or maintain their CE requirements. A license may stay in this stays indefinently.

subsequent renewals

Biennial renewal periods following the initial license, licensees must renew by completing the 14 hour CE requirement. Failure to renew the license prior to the expiration, in other than the initial license period, will put the license prior to the expiration date, in other than the initial license period, will put the license into INVOLUNTARY INACTIVE status. The licensee may not practice real estate while his or her license is involuntary inactive. The license can remain in tho status for up to two years.

Active or Voluntary Inactive 2nd renewal

Continuing education 14-hr CE 2 years pay dues/fees Keep renewing by renewal date every two years

Disciplinary Authority of the Commission [fs 475.25(1)

The Commission may deny an application for licensure or may discipline licensees for violation of FS 475 or any rule enacted under its authority. A licensee found Guilty of a violation may receive one of the following disciplinary actions, be issued a reprimand or an administrative fine of up to $5,000 per offense, be placed on probation, or have their license suspended for up to ten years or permanently revoked.

FREC

The Department is responsible for licensing and regulation of the real estate professio. The department delegates rule making and disciplinary authority for the real esate profession to The Commission. The Commission is an administrative agency that has only seven members and no employees, so day to day work of regulation of the real estate profession falls in to The Division of Real estate ( (Division) The Commission and the Division carry out the following Department duties. -Conduct the investigation of applicants -Prosecute Those individuals and entities charged with violations of laws or rules -issues, renews, and reissues licenses

Powers of the Department [FS 455.228(1)

The department may seek an injunction ( cannot issue) from the court against a license for failure to follow department order. The Department does not have the authority to issue injunctions against unlicensed , buyt may seek an injection from the courts fro failure to follow a department order. The department also has the power to issue a Cease and desist against unlicensed party for violation of specified rules that include the payment of an administrative fine not exceed $5,000 per offense.

Multiple Licenses [F.S.475.215]

a broker can be issued additional licenses in two or more capacities by requesting multiple licenses. The broker must show that the additional license are necessary fro legitimate business reason. the request for issuance of multiple license cannot be prejudicial to the brokers business associates or the public

First renewal

a brokers license status will also become null and void as a result of failing to complete their post licensing( first renewal) requirements prior to the expiration of their initial broker license. However, a broker may choose to revert to a licensed sales associate by completing the 14 CE within six months of his or her broker license becoming null and void.

current license

a license expiry date has not yet been reached.

to maintain an active status

a licensee must complete the required post license education or CE as necessary, pay the required renewal fee and submit a request for renewal prior to expiration of the current license.

involuntary inactive

an individual who does not request a renewal of their second or subsequent license, pay fees or maintain their CE requirements will have their license automatically placed in an involuntary inactive status for no more than two years.

The Department [FS 455.223 and FS455.2235(1)]

authorized to issue cease-and-desist, administer oaths, take dispositions, issue subpoenas and adopt rules concerning violations that may be submitted for mediation. Mediation offenses are defined as those that are economic in nature, and are fused by and can be corrected by licenses. 14 days are allowed after contact by a mediator for the parties to agree to mediate. The matter must be revolved within 60 days.

inactive license

becomes inactive by losing employment

void and ineffective licenses [FS475.17] Broker License

during any period of time in which a real estate brokerage corporation, partnership, limited partnership, limited liability partnership, or limited liability corporation does not have at least one active broker registered to the firm become automatically inactive. If a licensee decides to no longer practice real estate, they can return their license to the Department and the license would be cancelled.

first renewal

for the first renewal following an initial license, licensees must renew by completing the post -licensing requirements prior to the expiration of the initial license. Failure to do so will result in a Null and void license status. When the license status in null and void, a sales associate may NOT practice real estate and must obtain a new initial license to re-enter the real estate profession.

cancelled license

if a licensee no linger wishes to practice real estate , they can return their license to the Department.

active license

if an associate is employed by a broker or a owner developer their license is what?

The Department [FS 455.228(2)]

may issues a notice of non compliance or a citation to a licensee for specified offenses. The Department conducts investigations and the prosecution of complaints through the divisio. Enforcemet costs are to be borne by the profession being regulate. A fee of $5.00 is collected from all applicants for licensure and all those who request a renewal of license to pay for investigation and prosecution of unlicensed activity

Involuntary inactive

missed renewal date late renewal 14hr CE (Late fee) / 28hr reactivation (Late Fee) 1-12 months/ 13-24months 2 years involuntary inactive status 4 years to renew license

active or voluntary inactive

nth renewal continuing ed 14hr 2 years pay dues/fees 4 years to renew license

Executive Powers

powers which include the publication of books and newsletters to keep licensees and the public informed of new and important changes in the law and rules governing the real estate profession, furthering the education of potential and current licensees, and the investigation of complaints against licensee. The executive powers can be exercised by the chairperson acting ALONE or can be delegated by quorum vote to any other Commission member.

Duties of the DBPR ( The Department)

responsible for licensing and regulation of the real estate profession. The Department delegates rule making and disciplinary authority for the rap estate profession to the FREC (commission). The Commission is an administrative agency that has only seven member and no employees, so the day to day work of the regulation of the real esate profession falls to the Division of Real estate (Division).

Brokers License [FS 475.31] Void and ineffective licenses

suspended, revoked or otherwise void or ineffective, the licenses of all persons who are employed under such a broker become automatically inactive

Null and void

that which cannot be legally enforced, as with a CONTRACT provision that is not in conformance with the law.

initial license issue

valid for a maximum of two years. All licenses expire on either March 31st or September 30th in any given year. All newly licensed sales associates and broker licensees must complete the post licensing education before the end of the first license renewal period. The expert ion date is on the license.

ceases to be in force

when a sales associate changes employers their license. The sales associate must notify the Commissionof the change no later than ten days after the change, on a form provided by the commission.