Florida Real Estate Exam 6-(Violations of License Law,
Penalties, and Procedures)
1. Who is charged with the responsibility of investigating real estate com-
plaints Ans: The Division of Real Estate
2. How many steps are taken when there has been a complaint filed Ans: 8
3. Who is the DRE under Ans: the Department of Business and Professional
Regula- tion
4. Who is a complaint filed with Ans: the Department of Business and
Professional Regulation
5. Who can file a complaint with the Department against a licensee Ans: Anyone
6. If the complaint is in writing and signed by the complainant who is charged with
the responsibility of investigation Ans: the DBPR
7. When the investigation is complete, it is the responsibility of who to deter- mine
the guilt or innocence of a licensee or potential licensee Ans: the FREC
8. What must a complaint be to be investigated Ans: A complaint must be
Legally Sufficient
9. What does Legally Sufficent mean Ans: This means that the complaint must allege
that a violation of Florida Statute, DBPR rule or FREC rule has occurred
10. In some cases for a minor violation the Department may issue:: a Notice of
Noncompliance for a first time offense, providing that this offense does not
endanger the public
,11. If the violation is not corrected or the licensee does not comply in a timely
manner what will happen Ans: a Citation is issued with a fine
12. What is a summary suspension Ans: an emergency suspension order
13. Who and why would someone issue a summary suspension Ans: It is issued by
the Secretary of the DBPR when the public is in immediate danger from the actions
of the licensee
and
action will be followed by the FREC
14. Who do violations of ethics fall under Ans: the local association of REALTORS®
15. How long is all the information obtained considered confidential until after
probable cause is found Ans: 10 days
16. Who is the answer by the licensee give to after a complaint Ans: a Probable
Cause Panel
17. Who is the complaint given to if the complaint is found to be criminal Ans: the
State Attorney's Office
18. What is a subpoena and who has this power Ans: A subpoena is a legal order
requiring a person to appear before the courts to give testimony
and
the Department has this power
, 19. Who adds its recommendation and forwards to the FREC Probable Cause Panel
Ans: the DBPR
20. Who is appointed to the probable cause panel Ans: Two members of the FREC
Only one of the FREC can be a lay member (one of the non-licensed members of th
Commission)
the two and it may include the Chairperson or Vice Chairperson
The panel could also include former commissioners, with one of the panel being
current.
21. Who appoints the probable cause panel Ans: the Chairperson
22. What do the 2 members of the probable cause panel act as Ans: a grand jury
23. What does the probable cause panel do Ans: they determine if they believe
there is a law violation- not guilt or innocence
They recommend whether to take further action or dismiss the case to the DBPR
24. How long does the probable cause panel have to act Ans: 30 days
25. Who does not attend probable cause meetings Ans: the other members of
the FREC
the public
26. If the probable cause panel doesn't make a decision in time who will make a
Penalties, and Procedures)
1. Who is charged with the responsibility of investigating real estate com-
plaints Ans: The Division of Real Estate
2. How many steps are taken when there has been a complaint filed Ans: 8
3. Who is the DRE under Ans: the Department of Business and Professional
Regula- tion
4. Who is a complaint filed with Ans: the Department of Business and
Professional Regulation
5. Who can file a complaint with the Department against a licensee Ans: Anyone
6. If the complaint is in writing and signed by the complainant who is charged with
the responsibility of investigation Ans: the DBPR
7. When the investigation is complete, it is the responsibility of who to deter- mine
the guilt or innocence of a licensee or potential licensee Ans: the FREC
8. What must a complaint be to be investigated Ans: A complaint must be
Legally Sufficient
9. What does Legally Sufficent mean Ans: This means that the complaint must allege
that a violation of Florida Statute, DBPR rule or FREC rule has occurred
10. In some cases for a minor violation the Department may issue:: a Notice of
Noncompliance for a first time offense, providing that this offense does not
endanger the public
,11. If the violation is not corrected or the licensee does not comply in a timely
manner what will happen Ans: a Citation is issued with a fine
12. What is a summary suspension Ans: an emergency suspension order
13. Who and why would someone issue a summary suspension Ans: It is issued by
the Secretary of the DBPR when the public is in immediate danger from the actions
of the licensee
and
action will be followed by the FREC
14. Who do violations of ethics fall under Ans: the local association of REALTORS®
15. How long is all the information obtained considered confidential until after
probable cause is found Ans: 10 days
16. Who is the answer by the licensee give to after a complaint Ans: a Probable
Cause Panel
17. Who is the complaint given to if the complaint is found to be criminal Ans: the
State Attorney's Office
18. What is a subpoena and who has this power Ans: A subpoena is a legal order
requiring a person to appear before the courts to give testimony
and
the Department has this power
, 19. Who adds its recommendation and forwards to the FREC Probable Cause Panel
Ans: the DBPR
20. Who is appointed to the probable cause panel Ans: Two members of the FREC
Only one of the FREC can be a lay member (one of the non-licensed members of th
Commission)
the two and it may include the Chairperson or Vice Chairperson
The panel could also include former commissioners, with one of the panel being
current.
21. Who appoints the probable cause panel Ans: the Chairperson
22. What do the 2 members of the probable cause panel act as Ans: a grand jury
23. What does the probable cause panel do Ans: they determine if they believe
there is a law violation- not guilt or innocence
They recommend whether to take further action or dismiss the case to the DBPR
24. How long does the probable cause panel have to act Ans: 30 days
25. Who does not attend probable cause meetings Ans: the other members of
the FREC
the public
26. If the probable cause panel doesn't make a decision in time who will make a
