Florida Real Estate License Law
1. Chapter 475 Ans: Real Estate License Law
1. Real Estate Brokerage
2. Appraisal
3. Commercial Sales Lien Rights
4. Commercial Leasing Lien Rights
2. Chapter 455 Ans: Regulation of Business and Professions. Defines general
practices and procedures of DBPR, including unlicensed practice of real estate.
3. FS 120 Ans: Licensing and disciplinary procedures for real estate licensees.
4. Department of Business and Professional Regulation Ans: DBPR - regulates
business and professions; Secretary of DBPR appointed by governor, confirmed by
senate.
5. Powers and duties of DBPR Ans: Adopt rules and regulations; standing to
challenge any rule of Commission; prepare and administer examinations; issue
licenses; investigate complaints; seek evidence in investigation or proceeding.
6. Division of Real Estate Ans: DRE - Director appointed by Secretary of DBPR
subject to approval by Commission; provides all services concerning Chapter 475.
7. Duties of DRE Ans: Executive - investigate complaints; ministerial - record
keeping; administrative - routine duties.
8. Funding of DRE Ans: Fees and assessments of Commission
9. Principal Office of DRE Ans: Orlando
,10. Purpose of Chapter 475 Ans: Protect public from economic loss
11. Florida Real Estate Commission Ans: FREC - agency; administers and enforces
administrative license law.
12. Membership of FREC Ans: 7 members Ans: 4 brokers, 1 broker OR sales
associate, 2 consumer members. One member must be 60 years or older.
13. Appointment of FREC Members Ans: Appointed by governor for 4-year
terms; confirmed by senate.
14. Compensation of FREC Members Ans: Not salaried employees of DBPR;
compen- sated for attending meetings.
15. Legislative Powers of FREC Ans: Enactment of rules and regulations; can
NOT conflict with constitution, statutes, and other laws; decide questions of
practice; validate records.
16. Petitions regarding rules imposed by FREC Ans: Any person regulated by FREC
may petition the Commission to adopt, amend, or repeal a rule.
17. Judicial Powers of FREC Ans: Suspend, revoke, reprimand, censure, probation
and administrative fines.
18. Appeal FREC Decision Ans: District Court of Appeals
19. Delegation of FREC power Ans: Any duties and powers except disciplinary
powers and power to adopt rules.
, 20. Prima Facie Evidence Ans: "On its face" a document or an action is presumed
to be true; may be refuted in court by evidence to the contrary.
21. Registration Ans: Status Ans: Having name and address in computer; all
persons hold- ing licensure also have registration but not all persons having
registration hold licensure.
22. Licensure Ans: Status Ans: Having name in computer qualifying a person as a
broker or sales associate; the right to ask for license; status obtained by passing
state exam.
23. Real Estate License Required IF Ans: Person performs A BAR SALE service,
involving real estate in Florida, FOR ANOTHER FOR COMPENSATION or the
implied intent to collect compensation UNLESS specifically exempt.
24. A BAR SALE service Ans: Advertise, Buy, Appraise, Rent, Sell, Auction, Lease, and
Exchange
25. Legal Presumption Ans: A person who sells or leases real estate which he or
she does not own is presumed to be acting as a broker or sales associate; burden
of proof is on such person to show not acting as broker or sales associate.
26. Contract to Employ Unlicensed Person Ans: Contract to permit unlicensed
person to sell or lease real estate is null and void.
27. Real Estate for purpose of Lincensure Ans: Any interest or estate in land; any
in- terest in business enterprise or opportunity; including assignment, lease,
leasehold, sublease hold, or mineral right; timeshares.
28. NOT Real Estate for Lincensure Ans: Cemetery lot; renting of mobile home lot
1. Chapter 475 Ans: Real Estate License Law
1. Real Estate Brokerage
2. Appraisal
3. Commercial Sales Lien Rights
4. Commercial Leasing Lien Rights
2. Chapter 455 Ans: Regulation of Business and Professions. Defines general
practices and procedures of DBPR, including unlicensed practice of real estate.
3. FS 120 Ans: Licensing and disciplinary procedures for real estate licensees.
4. Department of Business and Professional Regulation Ans: DBPR - regulates
business and professions; Secretary of DBPR appointed by governor, confirmed by
senate.
5. Powers and duties of DBPR Ans: Adopt rules and regulations; standing to
challenge any rule of Commission; prepare and administer examinations; issue
licenses; investigate complaints; seek evidence in investigation or proceeding.
6. Division of Real Estate Ans: DRE - Director appointed by Secretary of DBPR
subject to approval by Commission; provides all services concerning Chapter 475.
7. Duties of DRE Ans: Executive - investigate complaints; ministerial - record
keeping; administrative - routine duties.
8. Funding of DRE Ans: Fees and assessments of Commission
9. Principal Office of DRE Ans: Orlando
,10. Purpose of Chapter 475 Ans: Protect public from economic loss
11. Florida Real Estate Commission Ans: FREC - agency; administers and enforces
administrative license law.
12. Membership of FREC Ans: 7 members Ans: 4 brokers, 1 broker OR sales
associate, 2 consumer members. One member must be 60 years or older.
13. Appointment of FREC Members Ans: Appointed by governor for 4-year
terms; confirmed by senate.
14. Compensation of FREC Members Ans: Not salaried employees of DBPR;
compen- sated for attending meetings.
15. Legislative Powers of FREC Ans: Enactment of rules and regulations; can
NOT conflict with constitution, statutes, and other laws; decide questions of
practice; validate records.
16. Petitions regarding rules imposed by FREC Ans: Any person regulated by FREC
may petition the Commission to adopt, amend, or repeal a rule.
17. Judicial Powers of FREC Ans: Suspend, revoke, reprimand, censure, probation
and administrative fines.
18. Appeal FREC Decision Ans: District Court of Appeals
19. Delegation of FREC power Ans: Any duties and powers except disciplinary
powers and power to adopt rules.
, 20. Prima Facie Evidence Ans: "On its face" a document or an action is presumed
to be true; may be refuted in court by evidence to the contrary.
21. Registration Ans: Status Ans: Having name and address in computer; all
persons hold- ing licensure also have registration but not all persons having
registration hold licensure.
22. Licensure Ans: Status Ans: Having name in computer qualifying a person as a
broker or sales associate; the right to ask for license; status obtained by passing
state exam.
23. Real Estate License Required IF Ans: Person performs A BAR SALE service,
involving real estate in Florida, FOR ANOTHER FOR COMPENSATION or the
implied intent to collect compensation UNLESS specifically exempt.
24. A BAR SALE service Ans: Advertise, Buy, Appraise, Rent, Sell, Auction, Lease, and
Exchange
25. Legal Presumption Ans: A person who sells or leases real estate which he or
she does not own is presumed to be acting as a broker or sales associate; burden
of proof is on such person to show not acting as broker or sales associate.
26. Contract to Employ Unlicensed Person Ans: Contract to permit unlicensed
person to sell or lease real estate is null and void.
27. Real Estate for purpose of Lincensure Ans: Any interest or estate in land; any
in- terest in business enterprise or opportunity; including assignment, lease,
leasehold, sublease hold, or mineral right; timeshares.
28. NOT Real Estate for Lincensure Ans: Cemetery lot; renting of mobile home lot