Florida Broker Pre-License: Office Inspections, Disciplinary Process, and Real Estate Recovery Fund

These flashcards cover the vocabulary and key concepts from Chapter 5 of the Florida Broker Pre-License course, including the disciplinary process, agency authorities, and the Real Estate Recovery Fund.

Department of Business and Professional Regulation (DBPR)

The agency charged with licensing and regulating more than one million businesses and professionals in the State of Florida.

Complainant

The person who reports a violation and makes the charges against a licensee.

Respondent

The licensee who is named in a complaint and must respond to the charges.

Legally Sufficient

A status given to a complaint that alleges a violation of Florida Statute, DBPR, or FREC rules has occurred.

Notice of Noncompliance

A warning issued for a first-time minor offense that does not endanger the public; the licensee has $15$ days to correct the deficiency.

Citation

A monetary punishment issued for minor infractions when the public welfare is not threatened, which must be paid or disputed within $30$ days.

Summary Suspension

Also known as an Emergency Suspension Order (ESO), it is issued by the Secretary of the DBPR when the public is in immediate danger from the actions of a licensee.

Subpoena

A legal order requiring a person to appear before the courts to give testimony, part of the quasi-judicial power of the FREC.

Probable Cause Panel

A group of two FREC members who determine if enough evidence exists to conclude a violation occurred, acting similarly to a grand jury.

Formal Complaint

Also called an administrative complaint, this document defines all charges against the respondent once probable cause is discovered.

Stipulation

A voluntary agreement between the respondent's counsel and the Division of Real Estate (DRE) to resolve a disciplinary matter.

Nolle Prosequi

A formal entry on the record meaning 'No Prosecution,' signifying the prosecuting attorney is ending their association with the matter.

Informal Hearing

A hearing held at a FREC meeting, typically when the respondent does not dispute the charges.

Formal Hearing

A hearing held before an administrative law judge from the Division of Administrative Hearings (DOAH) when a respondent disagrees with charges.

Recommended Order

A document prepared by an administrative law judge containing findings of fact and rulings of law, which is then referred to the FREC.

Final Order

The final directive of the FREC, which must be submitted within $90$ days of receiving the Recommended Order.

Prima Facie Evidence

Evidence that, on the face of it, appears to be true.

Judicial Review

The appeal process where a licensee must file with the District Court of Appeals within $30$ days of a FREC ruling.

Supersedeas

A legal order issued by the FREC or the court to stop a license suspension or revocation while an appeal is under review.

Revocation without Prejudice

The cancellation or revocation of a license issued by mistake or inattention of the Department, which does not affect subsequent requests for licensure.

Moral Turpitude

Conduct that is defined as reckless, evil, and/or morally reprehensible.

First-Degree Misdemeanor

A criminal violation, such as publishing false information or failing to provide accurate rental information for a fee, punishable by up to a $1,000$ fine and one year in jail.

Second-Degree Misdemeanor

The classification for most other Chapter 475 criminal violations, punishable by a fine up to $500$ and up to $60$ days imprisonment.

Third-Degree Felony

The criminal classification for unlicensed real estate activity.

Self-Reporting

The requirement for licensees to report criminal convictions or pleas to the FREC within $30$ days.

Real Estate Recovery Fund

A fund for consumer protection that pays compensatory damages to parties harmed by a licensee who cannot or will not pay a court judgment.

Compensatory Damages

Monetary awards for actual financial loss; these are the only type of damages covered by the Real Estate Recovery Fund.

Escrow Disbursement Order (EDO)

A Commission instruction for fund distribution; the only scenario where a claim against the Recovery Fund does not result in automatic license suspension for the broker.