Chapter 3 Practice Exam

A licensee failed to renew his or her license prior to the expiration date, and reverted to involuntarily inactive status. How long may this individual's license remain in this status before the license becomes null and void? A. 2 years B. 3 years C. 4 years D. 5 years

A. 2 years

The DBPR receives a complaint regarding unlicensed real estate activity. Which of the following would be an appropriate DBPR response? A. A cease and desist order B. Jail time C. An injunction D. Suspension or revocation

A. A cease and desist order

The Florida Real Estate Commission has many duties and powers. Which of the following is the category of power that can be exercised by the chairperson acting alone? A. Executive powers B. Quasi-judicial powers C. Quasi-legislative powers D. Injunctive relief

A. Executive powers

When does a real estate license expire? A. On the date shown on the license B. Every two years C. On the effective date D. At the end of one year

A. On the date shown on the license

Which of the following statements is true regarding the director of the Division of Real Estate? A. The director is appointed by the secretary of the Department of Business and Professional Regulation. B. The director is a member of the Florida Real Estate Commission. C. The director is not subject to confirmation or approval by the Florida Real Estate Commission. D. The director answers only to the governor in the performance of his or her duties.

A. The director is appointed by the secretary of the Department of Business and Professional Regulation.

When is a request for the renewal of a license effective? A. When received by the Department B. The day following expiration C. On the date the application is mailed D. On the date indicated on the license

A. When received by the Department

When does a real estate license become active? A. When the licensee obtains employment and files employment information with the Division B. On the date the applicant receives official notification that he or she has passed the state exam C. When the licensee files a request with the Division to activate his or her license D. On the date the licensee receives official notification that his or her license is active

A. When the licensee obtains employment and files employment information with the Division

All of the following statements about the Secretary of the Department are accurate, EXCEPT: A. The Secretary is responsible for activities related to the Department. B. The Secretary is appointed by the governor. C. The Secretary is limited to one six-year term. D. The Secretary is subject to confirmation by the Florida Senate.

C. The Secretary is limited to one six-year term.

What is the administrative fine for violations of rules and laws under the administration of the Department? A. A maximum total of $5,000 B. A maximum of $5,000 per offense C. A minimum of $5,000 per offense D. A maximum of $1,000 per offense, not to exceed $5,000

B. A maximum of $5,000 per offense

Theft or reproduction of state exam questions and answers is what class of offense? A. A second-degree felony B. A third-degree felony C. A first-degree misdemeanor D. A second-degree misdemeanor

B. A third-degree felony

All of the following penalties could be imposed by the FREC, EXCEPT: A. Probation B. Administrative fine of up to $15,000 per offense C. Suspension for up to 10 years D. Revocation

B. Administrative fine of up to $15,000 per offense

Violations of the Commission rules are prosecuted by which agency? A. Florida BAR Association B. Department of Business and Professional Regulation C. Florida State Attorney General D. Sheriff of the county in which the violation occurred

B. Department of Business and Professional Regulation

Educational requirements of applicants for a real estate license are promulgated under what authority of the Florida Real Estate Commission? A. Ministerial B. Executive C. Quasi-legislative D. Quasi-judicial

B. Executive

Which Florida Statute created the Department of Business and Professional Regulation (the Department)? A. F.S. 544 B. F.S. 455 C. F.S. 120 D. F.S. 475

B. F.S. 455

A sales associate is licensed under an owner-developer that owns several affiliated organizations. If the employer wishes to have the sales associate provide real estate services for these various organizations, what type of license should the sales associate request? A. Multiple B. Group C. Corporate D. Branch office

B. Group

The Florida Real Estate Commission held a meeting for the purpose of passing a new rule. This is an exercise of which Commission power? A. Executive B. Quasi-legislative C. Quasi-judicial D. Ministerial

B. Quasi-legislative

Which of the following entities issues real estate licenses? A. The state of Florida B. The Department of Business and Professional Regulation C. The Department of Revenue D. The Florida Real Estate Commission

B. The Department of Business and Professional Regulation

What is a group license? A. The license of a broker who provides real estate services in different geographic regions B. The license of a sales associate or broker associate who works for one owner-developer that has multiple affiliated organizations that provide real estate services in different geographic areas C. The license of a sales associate or broker associate who works for more than one broker or owner-developer at a time D. The license of an owner-developer with affiliated organizations that provide real estate services in different geographic areas

B. The license of a sales associate or broker associate who works for one owner-developer that has multiple affiliated organizations that provide real estate services in different geographic areas

Which statement is true regarding the secretary of the Department of Business and Professional Regulation? A. The secretary is a member of the Florida Real Estate Commission. B. The secretary is appointed by the governor. C. The secretary must be an attorney. D. The secretary answers to the state legislature in the performance of duties.

B. The secretary is appointed by the governor.

Which real estate professional can be issued multiple licenses if he or she can show a legitimate business reason for having multiple licenses? A. A broker associate B. A sales associate C. A broker D. An owner-developer

C. A broker

All of the following statements about active (current) license status are accurate, EXCEPT: A. To maintain active status, a licensee must complete the required post-licensing education or continuing education, pay a renewal fee, and request renewal prior to each expiration date. B. A real estate professional must have an active license to perform real estate services. C. A sales associate can work as a self-employed real estate professional after his or her license becomes active. D. To obtain active license status, a sales associate must obtain employment with a broker or owner-developer and submit employment information to the Department.

C. A sales associate can work as a self-employed real estate professional after his or her license becomes active.

The FREC issued a final order revoking the license of Too Much Fun Realty, Inc. Which of the following best describes the status of the licenses at this company? A. Provided there is at least one actively licensed broker, the business may continue to operate. B. Revocation of the corporation has no effect on the licenses of the active brokers or sales associates within the organization. C. All licensees within the corporation are automatically inactive. D. The registration of the corporation can be reinstated after a 90 day waiting period by filing the appropriate paperwork and paying the appropriate fees.

C. All licensees within the corporation are automatically inactive.

The Department of Business and Professional Regulation has the authority to issue all of the following, EXCEPT: A. A cease-and-desist order B. A subpoena C. An injunction D. A notice of noncompliance

C. An injunction

A licensee without any pending disciplinary issues decides she no longer wishes to practice real estate and simply gives the license back. What is the status of the license after it is returned to the Department? A. Suspended B. Expired C. Cancelled D. Surrendered

C. Cancelled

What is prima facie evidence? A. Evidence that is presumed to be true and correct, regardless of other evidence that might be presented. B. Evidence that is presumed to be true and correct if there is additional evidence that supports it. C. Evidence that is presumed to be true and correct unless there is other evidence that contradicts its authenticity. D. Evidence that is presumed to be true and correct and shows that the defendant is innocent of any claims alleging fraud or misrepresentation.

C. Evidence that is presumed to be true and correct unless there is other evidence that contradicts its authenticity.

After being active in the real estate business for over five years, a licensee's license expired on September 30th. What is the status of the license on October 1st? A. Suspended B. Revoked C. Involuntary inactive D. Voluntary inactive

C. Involuntary inactive

Which of the following statements about F.S. 475, Part I, is accurate? A. It defines the Florida Real Estate Appraisal Board and is supplemented by rules in F.A.C. 61J2. B. It addresses real estate appraisers and is supplemented by rules in F.A.C. 61J1. C. It addresses real estate brokers, sales associates, and schools and is supplemented by rules in F.A.C. 61J2. D. It defines the Florida Real Estate Commission and is supplemented by rules in F.A.C. 61J1.

C. It addresses real estate brokers, sales associates, and schools and is supplemented by rules in F.A.C. 61J2.

What specific information does an applicant for a real estate license provide that is considered to be public record? A. Financial information B. Test scores C. Name and address D. Medical information

C. Name and address

What is the status of a sales associate's license if he or she fails to renew their initial license prior to expiration? A. Involuntary inactive B. Suspended C. Null and void D. Inactive

C. Null and void

Which of the following best describes certificates that are entered into court as evidence? A. Of no value B. Disqualified C. Prima facie evidence D. Proof of a fact

C. Prima facie evidence

Which power allows the Commission to impose disciplinary action for violations of Florida real estate laws and rules? A. Quasi-legislative power B. Executive power C. Quasi-judicial power D. Ministerial power

C. Quasi-judicial power

What are the ministerial powers of the Commission? A. Ensuring the equitable application of disciplinary actions B. Notifying licensees of continuing education and renewal requirements C. Record keeping and clerical functions D. Reviewing and approving real estate school curricula

C. Record keeping and clerical functions

Sarah is an actively licensed broker for XYZ Realty, a registered real estate brokerage corporation. She has an opportunity to buy an existing real estate corporation, BBD Realty, Inc., in a town 25 miles away and wants to become the only broker for both corporations. She does not wish to change the name or combine the two corporations. How may Sarah accomplish this? A. Sarah cannot be a broker for two different corporations; the corporations must be merged into one entity. B. Sarah may request a group license. C. Sarah may request multiple licenses. D. BBD should be registered as a branch office of XYZ Realty.

C. Sarah may request multiple licenses.

Which statement is true regarding a broker who wishes to operate two independent real estate brokerage corporations? A. The broker cannot be an officer or director of more than one brokerage corporation. B. The broker must register as a broker associate with one company, and can retain their broker status with the other company. C. The broker can do this by requesting multiple licenses. D. The broker should request a group license.

C. The broker can do this by requesting multiple licenses.

A sales associate is employed by a broker Monday through Friday and for a builder on the weekends. The sales associate feels the added experience is beneficial especially since both employers pay an attractive commission split. Which statement is correct? A. The sales associate must obtain a group license. B. Multiple licenses are required in this situation. C. This arrangement violates the license law. D. This is permissible if both employers agree to the arrangement.

C. This arrangement violates the license law.

How does the Department cover the cost of investigating and prosecuting unlicensed activity? A. Through a fee that is charged at the closing of every real estate transaction B. Through property taxes C. Through a $5 fee collected from applicants for licensure and renewal D. Through the state's general fund

C. Through a $5 fee collected from applicants for licensure and renewal

What is the role of the Division of Real Estate (the Division)? A. To protect real estate licensees from litigation B. To protect the public by developing federal rules and regulations that affect the real estate profession C. To protect the public by regulating real estate and appraisal licensees through education and compliance D. To protect real estate brokers from prosecution

C. To protect the public by regulating real estate and appraisal licensees through education and compliance

All of the following statements about involuntary inactive license status are accurate, EXCEPT: A. If a license is in involuntary inactive status, the licensee may not perform services of real estate. B. If a real estate professional fails to complete the continuing education license renewal requirements prior to the license expiration date, his or her license automatically goes into involuntary inactive status. C. If a license has been in involuntary inactive status for less than one year, the licensee can regain an active license by completing 14 hours of continuing education and paying an additional fee. D. A license may remain in involuntary inactive status indefinitely.

D. A license may remain in involuntary inactive status indefinitely.

All of the following statements about voluntary inactive license status are accurate, EXCEPT: A. A real estate license can remain in voluntary inactive status indefinitely. B. A real estate professional whose license is in voluntary inactive status cannot perform real estate services. C. Voluntary inactive license status is intended for a real estate professional who chooses not to actively engage in the real estate business. D. A real estate professional whose license is in voluntary inactive status is not required to take continuing education or to request license renewal.

D. A real estate professional whose license is in voluntary inactive status is not required to take continuing education or to request license renewal.

What action may the Department take if it determines that an unlicensed person has operated in violation of a law or rule under its administration? A. None, since the Department has no jurisdiction over the unlicensed individuals. B. It may issue an injunction prohibiting such activity in the future. C. It may imprison the violator for up to 5 years. D. An administrative fine of up to $5,000 may be imposed.

D. An administrative fine of up to $5,000 may be imposed.

How frequently and where does the Commission usually meet? A. At least twice a month, in the Division offices in Tallahassee B. At least once a month, in the Division offices in Tallahassee C. At least twice a month, in the Division offices in Orlando D. At least once a month, in the Division offices in Orlando

D. At least once a month, in the Division offices in Orlando

How long may a license remain in voluntary inactive status? A. 2 years B. 4 years C. 10 years D. Indefinitely

D. Indefinitely

What is the maximum number of years a member may serve on the Florida Real Estate Commission? A. 4 B. 8 C. 12 D. No maximum

D. No maximum

New Commission rules must be approved by which of the following? A. The Department of Business and Professional Regulation B. The secretary of state C. The governor D. No one

D. No one

What may a broker do to continue practicing real estate after failing to complete his or her post-licensing requirements prior to initial license expiry? A. Obtain employment under an actively licensed broker or owner-developer and complete the post-licensing requirements within six months of their initial license expiration B. Resume practicing as a broker after completing the 14-hour Continuing Education within six months of their initial license expiration C. Nothing. The broker must start over by taking the sales associate pre-license course and passing another state exam. D. Revert to a sales associate by completing the 14-hour Continuing Education within six months of their initial license expiration.

D. Revert to a sales associate by completing the 14-hour Continuing Education within six months of their initial license expiration.

Which of the following statements accurately represent group and/or multiple licenses? A. Sales associates and broker associates may be issued multiple licenses. B. Brokers who have multiple offices are issued a group license. C. Brokers are issued concurrent group and multiple licenses. D. Sales associates and broker associates may be issued a group license.

D. Sales associates and broker associates may be issued a group license.

If an initial license became valid on November 1, 2021, when will it expire? A. November 1, 2023 B. March 31, 2024 C. March 31, 2023 D. September 30, 2023

D. September 30, 2023

The Division of Real Estate is an administrative part of which of the following? A. The state of Florida B. The Department of Commerce C. The Department of Banking D. The Department of Business and Professional Regulation

D. The Department of Business and Professional Regulation

Which best describes the status of an applicant who has just passed the state examination for Sales Associate? A. A license is issued at the testing facility B. The licensee must wait until the license is physically received before performing any service of real estate. C. The licensee can automatically start to offer services of real estate since he or she has passed the exam. D. The license is placed in inactive status until the licensee notifies the state that he/she has an active employer.

D. The license is placed in inactive status until the licensee notifies the state that he/she has an active employer.

All of the following are circumstances under which a real estate license must be reissued, EXCEPT: A. The license is lost or destroyed B. The licensee's name is changed C. The licensee's address is changed D. The licensee changes employers

D. The licensee changes employers

What are the quasi-legislative powers of the Commission? A. The power to make and pass laws that regulate licensees and the real estate profession B. The power to make and pass rules in F.A.C. 61J1 C. The power to make rules that supersede laws of the state of Florida D. The power to make and pass rules that regulate licensees and the real estate profession

D. The power to make and pass rules that regulate licensees and the real estate profession

Which statement is true regarding examination questions and answers? A. They are published in the Administrative Weekly before appearing in an examination. B. They may not be challenged. C. They may be reviewed by any member of the public upon request. D. They are confidential.

D. They are confidential.

If an applicant for a real estate license provides false information, they commit which of the following criminal violations? A. First-degree misdemeanor B. Second-degree misdemeanor C. Second-degree felony D. Third-degree felony

D. Third-degree felony

The Department of Business and Professional Regulation is created by which statute? A. F.S. 120 B. F.S. 455 C. F.S. 475 D. F.S. 494

F.S. 455