Statutes and Rules Questions and
Answers
Chapter 455 - ANSWER-Chapter 455, Business and Professional Regulation:
General Provisions, defines the general legal practice and procedure for the DBPR
and the licensees of all professions regulated by the DBPR, including real estate.
Section 455.10 of the statute provides that an individual cannot be disqualified from
practicing an occupation or profession regulated by the State of Florida solely
because the person is not a U.S. citizen. Another section of this statute sets forth
laws regarding Commission and board organization, meetings, compensation, and
so forth. This statute also concerns the unlicensed practice of a profession, including
real estate. Requirements concerning license examinations and the use of
professional testing services are set forth in Chapter 455. This law also mandates
what actions the DBPR may take in regulating licensees. Licensees who fail to
comply with the provisions of this chapter can be disciplined by the FREC. For
example, Section 455.227, F.S., authorizes the Commission to discipline a real
estate licensee who has failed to notify the DBPR within 30 days of a conviction,
finding of guilt, plea, or adjudication of a crime, regardless of where the event
occurred.
Florida Statute 120 - ANSWER-The Administrative Procedure Act defines the
procedural process by which regulatory agencies decide and implement agency
action. The licensing and disciplinary process for real estate licensees is outlined in
this chapter.
Chapter 61J2. - ANSWER-Chapter 61J2 is the rules of the Florida Real Estate
Commission. It is a set of administrative rules developed by the Florida Real Estate
Commission, pursuant to the rulemaking process outlined in Chapter 120, Florida
Statutes. Administrative rules are published in the Florida Administrative Code
(FAC). The FREC promulgates these rules to expand upon the statutory provisions
of Chapter 475, Florida Statutes, by addressing in greater detail, the principles of
practice for the real estate profession (appraisal rules are in Chapter 61J1 of the
FAC).
Statutes and Rules Governs - ANSWER-Chapter 20, Florida Statute Executive
branch of Florida government
Chapter 475, Part I, Florida Statute Real estate brokers, sales associates, and
schools
Chapter 455, Florida Statute Department of Business and Professional Regulation
and the professions under the department
Chapter 120, Florida Statute Procedural process for all governmental entities
authorized under the Florida Constitution
Chapter 61J2, Florida Administrative Code Florida Real Estate Commission rules
Answers
Chapter 455 - ANSWER-Chapter 455, Business and Professional Regulation:
General Provisions, defines the general legal practice and procedure for the DBPR
and the licensees of all professions regulated by the DBPR, including real estate.
Section 455.10 of the statute provides that an individual cannot be disqualified from
practicing an occupation or profession regulated by the State of Florida solely
because the person is not a U.S. citizen. Another section of this statute sets forth
laws regarding Commission and board organization, meetings, compensation, and
so forth. This statute also concerns the unlicensed practice of a profession, including
real estate. Requirements concerning license examinations and the use of
professional testing services are set forth in Chapter 455. This law also mandates
what actions the DBPR may take in regulating licensees. Licensees who fail to
comply with the provisions of this chapter can be disciplined by the FREC. For
example, Section 455.227, F.S., authorizes the Commission to discipline a real
estate licensee who has failed to notify the DBPR within 30 days of a conviction,
finding of guilt, plea, or adjudication of a crime, regardless of where the event
occurred.
Florida Statute 120 - ANSWER-The Administrative Procedure Act defines the
procedural process by which regulatory agencies decide and implement agency
action. The licensing and disciplinary process for real estate licensees is outlined in
this chapter.
Chapter 61J2. - ANSWER-Chapter 61J2 is the rules of the Florida Real Estate
Commission. It is a set of administrative rules developed by the Florida Real Estate
Commission, pursuant to the rulemaking process outlined in Chapter 120, Florida
Statutes. Administrative rules are published in the Florida Administrative Code
(FAC). The FREC promulgates these rules to expand upon the statutory provisions
of Chapter 475, Florida Statutes, by addressing in greater detail, the principles of
practice for the real estate profession (appraisal rules are in Chapter 61J1 of the
FAC).
Statutes and Rules Governs - ANSWER-Chapter 20, Florida Statute Executive
branch of Florida government
Chapter 475, Part I, Florida Statute Real estate brokers, sales associates, and
schools
Chapter 455, Florida Statute Department of Business and Professional Regulation
and the professions under the department
Chapter 120, Florida Statute Procedural process for all governmental entities
authorized under the Florida Constitution
Chapter 61J2, Florida Administrative Code Florida Real Estate Commission rules
