Gold Coast Chapter 6: Questions With Accurate Solutions.
There are 3 separate entities capable of imposing discipline: - accurate
answers-- criminal courts;
- civil courts;
- administrative agencies.
The Florida Real Estate Commission (FREC or the Commission) can impose
a(n) (blank) penalty against a licensee: - accurate answers-Administrative.
The civil penalty imposed for the unlicensed practice of real estate is: -
accurate answers-A minimum of $500 and a maximum of $5,000.
Both the Department and the (blank) can refer suspected violations of law
discovered during an investigation to the (blank) for (blank) and possible
(blank): - accurate answers-Commission;
State Attorneys Office;
Investigation;
Prosecution.
Criminal penalties are imposed by (blank). A violation of F.S. 475 may be a
(blank) or a (blank): - accurate answers-Criminal courts;
First or second-degree misdemeanor;
Third-degree felony.
Corporations cannot be imprisoned, although a (blank) may be levied.
Imprisonment is possible for (blank) and (blank) of corporations who are
guilty of violations: - accurate answers-Criminal fine;
Officers and directors.
The following action is the only activity that is classified in F.S. 475 as a first
degree misdemeanor, which is punishable by a fine of up to ($blank) and/or
,imprisonment not to exceed (blank): - accurate answers-* Violating the
requirements concerning rental lists, information, and contracts;
$1,000;
One year.
A criminal violation of F.S. 475 by a licensee would typically be classified as a
(blank), which may be punishable by (blank) and/or (blank); - accurate
answers-Second degree misdemeanor;
A criminal fine of up to $500;
Imprisonment for up to 60 Days;
Examples of a second-degree misdemeanor include, but are not limited to: -
accurate answers-- disseminating false or misleading advertising;
- any sales associate who collects money in connection with any real estate
brokerage transaction, whether as a commission, deposit, payment, rental, or
otherwise, except in the name of the employer AND with the express consent
of the employer.
A third-degree felonies are subject to (blank), and punishable by (blank)
and/or (blank): - accurate answers-Criminal court proceedings;
Criminal fine of up to $5,000;
Imprisonment of up to 5 years.
The following are examples of actions pertaining to real estate licensees,
which constitute a third-degree felony: - accurate answers-Acting as a
broker/sales associate without being the holder of a valid and current active
license;
Knowingly giving false or misleading information in the course of applying for
or obtaining a license;
Stealing or reproducing an examination administered by the Department.
, Civil penalties are: - accurate answers-Fines or other financial payments
imposed by a state or federal agency for violation of laws or regulations.
A civil fine is not considered to be a criminal punishment since: - accurate
answers-It is primarily imposed to compensate for harm or wrongful conduct.
Occasionally, the Commission uses its (blank) powers to assist citizens in the
event of fraud by a licensee. The Commission may make the (blank) of
improperly collected commission part of the order of (blank) with a
stipulation that the (blank) will not be removed until (blank): - accurate
answers-Administrative;
Return;
Suspension;
Order of suspension;
The money is voluntarily repaid.
The Commission can give consideration to either "mitigating" or "aggravating"
circumstances. Mitigating circumstances are considered to be (blank), and
(blank). Aggravating circumstances (blank). - accurate answers-Extenuating**
(serving to lessen the seriousness of an offense);
Reduce the degree of culpability;
Add to the injury caused by the act.
Violations that involve mitigating circumstances will generally carry a (blank)
penalty than those that involve aggravating circumstances: - accurate
answers-Lesser.
Being found guilty of fraud, misrepresentation, concealment, false promises,
false pretenses, dishonest dealing by trick, scheme, or device, culpable
negligence, or breach of trust in any business transaction can result in a(n)
(blank) and a (blank) FOR FIRST OFFENSES, or (blank) and (blank) FOR
There are 3 separate entities capable of imposing discipline: - accurate
answers-- criminal courts;
- civil courts;
- administrative agencies.
The Florida Real Estate Commission (FREC or the Commission) can impose
a(n) (blank) penalty against a licensee: - accurate answers-Administrative.
The civil penalty imposed for the unlicensed practice of real estate is: -
accurate answers-A minimum of $500 and a maximum of $5,000.
Both the Department and the (blank) can refer suspected violations of law
discovered during an investigation to the (blank) for (blank) and possible
(blank): - accurate answers-Commission;
State Attorneys Office;
Investigation;
Prosecution.
Criminal penalties are imposed by (blank). A violation of F.S. 475 may be a
(blank) or a (blank): - accurate answers-Criminal courts;
First or second-degree misdemeanor;
Third-degree felony.
Corporations cannot be imprisoned, although a (blank) may be levied.
Imprisonment is possible for (blank) and (blank) of corporations who are
guilty of violations: - accurate answers-Criminal fine;
Officers and directors.
The following action is the only activity that is classified in F.S. 475 as a first
degree misdemeanor, which is punishable by a fine of up to ($blank) and/or
,imprisonment not to exceed (blank): - accurate answers-* Violating the
requirements concerning rental lists, information, and contracts;
$1,000;
One year.
A criminal violation of F.S. 475 by a licensee would typically be classified as a
(blank), which may be punishable by (blank) and/or (blank); - accurate
answers-Second degree misdemeanor;
A criminal fine of up to $500;
Imprisonment for up to 60 Days;
Examples of a second-degree misdemeanor include, but are not limited to: -
accurate answers-- disseminating false or misleading advertising;
- any sales associate who collects money in connection with any real estate
brokerage transaction, whether as a commission, deposit, payment, rental, or
otherwise, except in the name of the employer AND with the express consent
of the employer.
A third-degree felonies are subject to (blank), and punishable by (blank)
and/or (blank): - accurate answers-Criminal court proceedings;
Criminal fine of up to $5,000;
Imprisonment of up to 5 years.
The following are examples of actions pertaining to real estate licensees,
which constitute a third-degree felony: - accurate answers-Acting as a
broker/sales associate without being the holder of a valid and current active
license;
Knowingly giving false or misleading information in the course of applying for
or obtaining a license;
Stealing or reproducing an examination administered by the Department.
, Civil penalties are: - accurate answers-Fines or other financial payments
imposed by a state or federal agency for violation of laws or regulations.
A civil fine is not considered to be a criminal punishment since: - accurate
answers-It is primarily imposed to compensate for harm or wrongful conduct.
Occasionally, the Commission uses its (blank) powers to assist citizens in the
event of fraud by a licensee. The Commission may make the (blank) of
improperly collected commission part of the order of (blank) with a
stipulation that the (blank) will not be removed until (blank): - accurate
answers-Administrative;
Return;
Suspension;
Order of suspension;
The money is voluntarily repaid.
The Commission can give consideration to either "mitigating" or "aggravating"
circumstances. Mitigating circumstances are considered to be (blank), and
(blank). Aggravating circumstances (blank). - accurate answers-Extenuating**
(serving to lessen the seriousness of an offense);
Reduce the degree of culpability;
Add to the injury caused by the act.
Violations that involve mitigating circumstances will generally carry a (blank)
penalty than those that involve aggravating circumstances: - accurate
answers-Lesser.
Being found guilty of fraud, misrepresentation, concealment, false promises,
false pretenses, dishonest dealing by trick, scheme, or device, culpable
negligence, or breach of trust in any business transaction can result in a(n)
(blank) and a (blank) FOR FIRST OFFENSES, or (blank) and (blank) FOR
