Florida Real Estate: Chapter 3: Real Estate License and Commission

Florida Real Estate: Chapter 3: Real Estate License and Commission Rules A real estate developer owns several subdivisions that are in the names of different entities. Sales associates who are employed by the developer hold a group license.A. TrueB.False

• TrueThe statement is true. A group license is issued to

sales associates who are registered under an owner-developer who owns properties in the names of several entities.Multiple Licenses-Licenses held by a broker in two or more real estate brokerage firms.The powers of the FREC are limited to administrative matters and do not extend to criminal actions.A. TrueB.False

• TrueThe statement is true. The powers of the FREC are

limited to administrative matters and do not extend to criminal actions. The FREC may not impose imprisonment as a penalty.A real estate sales associate whose license was expired at the time of performing real estate services must renew the license before the title closing in order to lawfully receive compensation for the transaction.A. TrueB. False

• FalseThe statement is false. A real estate licensee must

not practice real estate after the expiration date of the license. It is unlawful for a license to perform real estate services for compensation with an expired license.Current Status-Indicates a licensee is up to date with respect to the DBPR's licensure requirements.A sales associate whose license has been involuntarily inactive for more than 24 months must complete 28 hours of reactivation education.A. TrueB. False

• FalseThe statement is false. A license that has been

involuntarily inactive for more than 24 months (two years) becomes null and void.A sales associate is in his third license renewal cycle. The licensee neglected to renew his license before the expiration date seven months ago. Which statement applies to this situation?A. The sales associate is required to complete 28 hours of a Commission-prescribed education course.B. The sales associate must reapply for licensure.C. The license is in voluntary inactive status.D.The licensee must complete 14 hours of continuing education.

• The licensee must complete 14 hours of continuing

education.The answer the licensee must complete 14 hours of continuing education. When a licensee has been in involuntary inactive status for 12 months or less, the licensee may satisfy the education requirement by completing 14 hours of FREC-approved continuing education.Executive-Duties related to the education of licensees, the regulating of professional practices, and the publishing of materials.One Commissioner may be a licensed Florida sales associate.A. TrueB. False

• TrueThe statement is true. One Commissioner must be

either a licensed broker or sales associate who has held an active license during the two years preceding appointment.To perform real estate services for another for compensation, the licensee's primary status must state either current or probation.A. TrueB. False

• TrueThe statement is true. The primary status must

state either current or probation to perform real estate services for another for compensation.Which power is NOT given to the Florida Real Estate Commission?A. Adopting a sealB. Making determinations of violationsC. Promulgating rules and regulationsD.Imposing jail sentences

• Imposing jail sentencesThe answer is imposing jail

sentences. Jail time must be imposed by a criminal court.The FREC is empowered to make determinations of license law violations and impose administrative penalties.

At least three of the Commissioners must be consumer members.A. TrueB. False

• FalseThe statement is false. Two Commissioners must

be consumer (lay) members who have never been real estate brokers or sales associates.After what period of time does an involuntary inactive license automatically expire and become null and void?A.Five yearsB. Two yearsC. One yearD. Four years

• Two yearsThe answer is two years. When a license is in

involuntary inactive status for more than two years, the license automatically expires, and it becomes null and void.The director of the Division of Real Estate is appointed by theA. governor.B. Florida Senate.C. Florida Real Estate Commission chairperson.D. secretary of the Department of Business and Professional Regulation.

• secretary of the Department of Business and

Professional Regulation.The answer is secretary of the Department of Business and Professional Regulation. The director of the DRE is appointed by the secretary of the DBPR, subject to approval by majority vote of the FREC.What is the maximum number of consecutive years a commissioner may serve on the Florida Real Estate Commission?A. SixB. FourC. TwoD. Eight

• EightThe answer is eight. A commissioner may not

serve more than two consecutive four-year terms.The duties of the Division of Real Estate are primarily enforcement of real estate laws.A. TrueB. False

• FalseThe statement is false. The Division of Real Estate

(DRE) duties are essentially administrative and ministerial.The administrative duties include routine duties and clerical functions of behalf of the FREC. The DRE's ministerial duties involve recordkeeping.Group License-A right granted a sales associate or broker associate to work various properties owned by affiliated entities under one owner developer.Quasi-judicial-Powers delegated to the FREC to discipline real estate licensees for violations of real estate license law and FREC administrative rules An individual on active duty with the U.S. Navy who is not engaged in real estate brokerage activity in the private sector for profit has what period of time after discharge from active duty to renew a real estate license?A. 24 monthsB. 3 monthsC. 6 monthsD. 12 months

• 24 monthsThe answer is 24 months. A licensee in good

standing who is a member of the U.S. armed forces is exempt from the renewal provisions during active duty and for a period of 24 months after discharge from active duty.The armed forces exemption applies, provided the licensee is not engaged in real estate brokerage activity in the private sector for profit.The director of the Division of Real Estate (DRE) is appointed by the secretary of the DBPR, subject to senate confirmation.A. TrueB. False

• FalseThe statement is false. The director of the DRE is

appointed by the secretary of the DBPR, subject to approval of the Florida Real Estate Commission (FREC).The Commission's authority to regulate and enforce the license law is which type of power?A. Quasi-legislativeB.Quasi-judicialC. CivilD. Executive

• Quasi-judicialThe answer is executive. The executive

powers to regulate and enforce the license law are delegated to the Commission by the Florida Legislature.Current Mailing Address-The residential address a licensee uses to receive mail through the U.S. Postal Service.Probation-An administrative penalty imposed by the FREC that allows the licensee to continue to practice real estate under the guidance of the FREC for a period of time while completing conditions specified by the FREC.

Ministerial Duties-The duties of the Division of Real Estate that involve recordkeeping.A brokerage office changes business address. What action must the broker take?A. Within 10 days of moving, inform the DBPR in writing of the change in business address.B.Notify the FREC within 60 days of the change in residency.C. File a new application for licensure.D. Submit a request to renew the real estate license.

• Within 10 days of moving, inform the DBPR in writing of

the change in business address.The answer is within 10 days of moving, inform the DBPR in writing of the change in business address. No new brokerage business may be conducted until the new business location is registered with the DBPR.The FREC's power to determine license law violations is an exercise of which type of power?A. ExecutiveB.Quasi-legislativeC. Quasi-judicialD. Civil

• Quasi-judicialThe answer is quasi-judicial. Quasi-judicial

responsibilities include the power to grant or deny license applications, to determine license law violations, and to administer penalties.A licensed broker is the broker for two independent real estate brokerages. Which statement applies to this situation?A. The broker must request and be issued a group license.B. The broker must request and be issued multiple broker licenses-one for each brokerage company.C. The broker must register as a broker associate for one of the real estate companies.D. The broker licensee may only be the broker for one Florida real estate company.

• The broker must request and be issued multiple broker

licenses-one for each brokerage company.The answer is the broker must request and be issued multiple broker licenses-one for each brokerage company. Multiple licenses are issued to brokers who qualify as the broker for more than one business entity. A broker who holds more than one Florida broker license is said to hold multiple licenses.How many Florida Real Estate Commission members may be licensed as real estate sales associates?A. OneB.TwoC. ThreeD. Four

• OneThe answer is one. Four members must be licensed

as brokers and two members must be consumer members.The seventh member may be either a licensed broker or a sales associate who has held an active license during the two years preceding appointment.Quasi-legislative-Powers delegated to the FREC to enact rules and regulations, decide questions of practice, and validate records (imprint with FREC's seal).Promulgates-The formal act of announcing a statute or an administrative rule. To publish and officially announce a new or amended rule or statute. The FREC may promulgate rules and regulations.Active License-A current, valid license registered with the DBPR. The status required to actively engage in the real estate business.Voluntary Inactive-The license status that results when a licensee has met all the requirements for licensure, yet the licensee chooses not to engage in the real estate business and has requested that the license be placed in this status.Voluntarily Relinquish-The licensee requests that the DBPR cancel the license.The DBPR will accept a licensee's request to voluntarily relinquish a license, provided there is no investigation or discipline pending against the licensee. The licensee sends written communication to the DBPR indicating that the

licensee is retiring or no longer desires to be licensed.The Florida Real Estate Commission members are paid $100 per day for official Commission business.A. TrueB.False

• FalseThe statement is false. Florida Real Estate

Commission members are paid $50 per day for each day they attend an official meeting and for each day they participate in other Commission business.