Florida Real Estate Chapter 3 Flashcards The Department of Business and Professional RegulationDPBR or Department Created by F.S 475 to provide licensing, oversight, and regulation of businesses and professions. Principal offices in Tallahassee FL First renewal of license (sales associate) complete post licensing requirements prior to expiration45 hr course. if incomplete license becomes null and void Secretary of the DepartmentAppointed by the Governor. No set term limit. Serves at the pleasure of the Governor. Responsible for planning directing, coordinating, and executing the powers, duties and functions in the Department, and its divisions.Executive powerspublication of books and newsletters to keep licensees and the public informed of new and important changes in the law and rules. Furthering education of potential and current licensees.Director of the DivisionAppointed by the Secretary of the Department. A salaried state employee who acts as the day to say manager of the Division.Quasi- legislative powersGives the Commission the power to make and pass rules that regulate the operation of licensees and the real estate profession. Not laws.First renewal of license (broker)Complete post licensing requirements prior to expiration60 hr course. If incomplete, license becomes null and void unless broker chooses to revert to a sales associate license by taking a 14hr continuing education class within 6 months of license becoming null and void.Division of Real Estate DRE or DivisionProtects the public by regulation of real estate and appraisal licensees through education and compliance.Responsible for the examination, licensing and regulation of individuals, corporations, real estate schools, and instructors. Offices located in Orlando FL Prima Facie evidencerebuttable presumption that faces presented are true and correct. May be accepted in a florida court as evidence.Ministerial powersRecord keeping and clerical functions. Since the Commission has neither staff nor employees, Division employees perform these functions on behalf of the Commission.Quasi- Judicial powersAllow the Commission to impose disciplinary action for violations of laws and rules.Powers of the Departmentissue a cease-and-desist order, administer oaths, take depositions, issue subpoenas, and adopt rules concerning violations, issue a notice of noncompliance or a citation.
Subsequent renewalsFor biennial renewal periods after initial license, licensees must complete 14hr Continuing Education. Failure to complete before the expiration will put the license into involuntary inactive status.Voluntary InactiveWhen the licensee chooses to keep their license inactive they must still keep up with post licensing and continuing education, pay fees. It can stay inactive indefinitely if desired .Involuntary InactiveSomeone who doesn't pay fees, complete post licensing, or continuing education. Can only remain this way for no more then 2 years. Can change status back at any time within the 12months, by completing a 14hr continuing education course and fees.Active LicenseComplete Real estate school, Pass school exam 75+ Then pass state exam 70+ Become employed by a broker or owner developer and submit completed DPBR form to the Department to become Active