Florida real estate ch 3 Commission rules simplified

License ceases to be in force

Whenever a broker changes his or her business address and fails to notify the department of the change a license can be ceased to be in force. The licensee must notify the department of the address change within 10 days after the move.

The Division of Real estate

Protects the public by regulating real estate in appraisal licensees through education and compliance and provides administrative support to the Florida real estate commission FREC.

The division of Florida condominiums, timeshares, and

Provides consumer protection for Florida residents living in the regulated communities through education, complaint resolution, mediation, arbitration and developer disclosure.

The division of professions

Regulates education courses and license examination

Fees

The commission by rule establish fees to be paid for application examination re-examination licensing in Renewal.

Involuntary inactive

When the licenses fails to fulfill the renewal requirements. However the state allows a licensee to reactivate a license if the requirements are within two years of expiration. Reactivation is not possible if the licensee fails to meet requirements of the first renewal period.

To reactivate: involuntary inactive license

a license that has been involuntary inactive for 12 months or less must complete 14 hour continuing education course. If it is more than 12 months but less than 24 months they must complete 28 hours of commission prescribed education course. If it is more than 24 months the license will be null and void.

Group license

owner/developer who owns properties through various entities, but all such entities are connected so that such ownership or control is by the same individual or individuals. A sales associate or broker associate may have a group license in order to sell for all the entities owned by the owner/developer. Owner - Developer send the DBPR a list of legal company names and the sales associates or broker associate receives one license under one employer.

Calculate first renewal date

the first renewal Date, add two years to the calendar year of the new license. Because the license must be renewed between 24 months, go backwards to either March 31 or September 30 this will be the renewal date. Go backwards to either March 31 or September 30. Example license approval date Sept 10th 2016, your gonna go before March 31st 2018. < 2 years and go back. Anything after Sept 30th is when you have go to Sept 30th date.

Canceled status

A license is considered canceled when the commission mistakenly approve a license. Know that falsifying an application is a third-degree felony.

null and void

A license is null and void when it no longer exists. License has been volunteering in active for more than two years. Revoked following disciplinary proceedings. Voluntarily relinquishment does not involve disciplinary action.

FREC powers and duties

Adopt a seal Foster education. Make determinations of violations. Regulate profession practices. Create and pass rules and regulations. Establish fees. Grant and deny applications for licensure. Suspend or revoke licenses and impose fines.

null and void

After two years the licensee becomes null and void and the licensee would have to repeat the entire application process and retake the pre-license course to obtain a new license.

The director of real estate DRE

Appointed by the secretary of the DBPR and is confirmed by FREC members

FREC members

Are appointed by the governor and confirm by the Florida Senate

Department powers and duties

Chapter 455 of the Florida statutes give the DBPR the power to investigate consumer complaints, issue subpoenas upon conducting investigation, cease and desist orders, and issue citations - while these powers are muted by chapter 120 , Which holds the DBPR as well as licensees to standards of conduct within the department

Legislative intent

Department of business and professional regulation or the DBPR was established with the intent to protect the public.

FREC powers limitations

FREC are limited to administrative matters and do not extend to criminal actions. They may not impose imprisonment as a penalty. However they can refer the criminal activity to a criminal court where imprisonment can be imposed. The primary purpose is to enforce duties and obligations as they apply to individuals and firms actively engage in real estate business. Decisions and policies are carried out by the division of real estate DRE.

Duties and powers of the Commission

FREC has three types of powers: executive power, quasi-legislative, and quasijudicial. Executive powers include: regulate and enforce license law, Foster education, adopt a Seal, and establish fees. Quasi-legislative powers include: create in past rules and regulations and regulate professional practices. Quasi judicial powers include: grant or deny applications, suspend or revoke licenses and issue administrative fines, and make determinations of violations.

Renewal

Failure to renew with in the first renewal. Would result in immediate loss of license. License would be null and void. Licenses are only renew during one of two dates in the year - either March 31 or September 30. The first renewal date will be between 18 to 24 months from the licensing date

The division of service operations

Handlers license applications, processes license fees, issues licenses upon approval and handles renewals. They also have a customer contact center to handle questions.

Involuntary inactive license

If a license fails to renew, other than the first renewal period, The license will become involuntary in active.

Current

In the case that all requirements have been completed and license is not expired.

secretary of DBPR

Is Appointed by the governor and confirm by the Florida Senate

Secretary of DBPR

Is appointed by the governor of Florida and Is confirmed by the state Senate. This is a very important position as a secretary of the DBPR is the chief executive officer of the DBPR

The Secretaries responsibilities

Is responsible for planning, directing, coordinating and executive the powers, duties and functions vested in a department, it's divisions, Bureaus and other subunits

Licensing examination and fees

Licensing and processing fees Is handled by the Division of Service operations

Inactive

Means that there is a license in place but the licensee may not practice real estate. This can be voluntary specifically by choice and request of the licensee. In the status the licensee is still required to pay all renewal fees and complete post license education and or continuing education and renewal requirements.

Members of arm forces

Military members and their spouses are exempt from license fees for up to 60 months after an honorable discharge. After disharge they have upto 2 years after in regards to renewal. The DBPR may issue a temporary license to practice real estate in Florida to a spouse of an active-duty member of the Armed Forces assigned to do so in Florida. The spouse must hold a valid real estate license in another state. And the license is temporary and expires in six months after the date of the issue and is not renewable. Should the spouse wish to practice past six months he or she will need a regular Florida real estate license.

FREC primary purpose

Primary purpose is to enforce Duties and obligations as they apply to individuals and firms actively engage in the real estate business.

Active

Status indicates that the licensee has fulfilled all requirements (including having an employer on record with DBPR) and may practice real estate

Purpose of regulation

The Florida real estate commission was established under Florida statute 475 for the purpose of specifically regulating real estate. Also called FREC or the commission. FREC is also charge with promoting in regulating educational competency standards.

Licensure

The departments shall license any applicant whom the commission certifies to be qualified to practice as a broker or sales associate.

The Divisions intent, Responsibilities and roles

The division of real estate protect the public by regulating Real Estate and appraisal licensees through education and compliance. The division is responsible for the examination, licensing and regulation of more than a quarter of 1 million individuals, corporations, real estate schools and instructors. The director of the division of real estate is appointed by the secretary of the DBPR and is confirmed by FREC. Each division director shall directly administer the division and shall be responsible to the secretary of the DBPR. The director of the DRE coordinates the duties of FREC with the DBPR.

Director of the division of real estate DRE

The secretary appoints a director for each division established within the section including this DRE. The director of the DRE is confirmed by the Florida real estate commission.

FREC members appointed n time

The seven members of FREC Are appointed by the governor and confirmed by the Senate. The members serve four year terms but no more than two members terms can be expired during the same year. FREC members are volunteers and not employees. FREC members cannot be held for civil liability for any official action taken.

Organizational structure

The organizational structure as mandated by chapter 20, starts with the governor of Florida who appoints the secretary of DPR. This appointment is subject to confirmation by the state Senate.

General structure Composition and Qualification of Frec members

There are 7FREC members total: -Five members who are real estate professional members*Four must have held active licenses for five years*One must be licensed broker or sales associate who has been active two years -Two consumer members who have never been licensed *One must be 60 years of age or older

License status types

There are more than one type of status that the license can be attributed it as. Active, inactive, involuntary inactive, Null and void, and current.

Involuntary inactive

There are other ways to become involuntarily in active other than failure to renew. When in employee broker has his or her license suspended or revoked for discipline reasons or retires quits or is fired from the brokerage, the license of all associates and broker associates employed by the broker are automatically placed in involuntary inactive status. The licensee may activate the license by having a licensed registered under a new employing broker

Multiple licenses

This is issued to a broker who qualifies as the broker for more than one business entity or brokerage. For each business/brokerage that a person is a broker, a separate broker license must be obtained. Plus, a licensee in good standing Who is a member of the US armed forces is exempt from renewal requirements during active duty and for six months after discharge from active duty. Military duty is out of the state, the exemption also applies to the license spouse