Section 6 Key Terms

breach of trust

Occurs when an agent, or someone that has been placed in a position of trust, acts against the terms

of the agreement to the detriment of the principal.

citation

The DBPR/DRE has the authority to issue citations for minor violations. The licensee has 30 days

to accept or reject the penalty. The penalty involved with a citation are fines from $250 to $1,000 per

infraction. Additional education could also be placed on the licensee. See Administrative Code 61J2-24.02

for a complete list under Citation Authority.

complaint

If someone believes that they have been wronged by a licensee there is a complaint process that can

be initiated.

concealment

Intentionally failing to share information known that could change the other's decision if

communicated.

culpable negligence

Failing to use the same care a reasonable person would exercise in a given situation.

formal or administrative complaint

If probable cause is found, a formal/administrative complaint is filed. The DBPR outlines facts

and charges against the licensee and sends a copy to the to the licensee's broker

fraud

Fraud consists of some deceitful practice or willful device, resorted to with intent to deprive another

of his right, or in some manner to do him an injury. Whenever information is hidden from a buyer and

damage is done, fraud can be an issue.

legally sufficient

A complaint is legally sufficient if it provides facts that demonstrate a violation of Florida Statutes Chapters 120, 455, 475, and 61J2 of the Florida Administrative Code.

misrepresentation

Johnson v. Davis clarified the seller's duty to disclose a material defect. However, licensees involved in a sale also have a duty to disclose material defects. Rayner vs. Wise Realty of Tallahassee set the precedence of the licensee's duties to disclose. In fact, failure to disclose can open a licensee up to misrepresentation or fraud charges.

moral turpitude

Conduct that goes against standards of behavior involving honesty or good morals.

notice of noncompliance

When a complaint is received, the department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation. Broker has 15 days to correct.

probable cause

Based on facts gained through an investigation, it appears that a crime may have been committed and should be prosecuted. It is NOT a proclamation of guilt.

recommended order

A formal hearing is required if the licensee is disputing the facts of the case. Instead of being heard by FREC, the case is heard by an Administrative law judge who issues a Recommended Order to FREC.

stipulation

Licensee-respondent can meet with a DRE attorney prior to a hearing to discuss a settlement called a stipulation. A stipulation is an agreement as to the facts of the case and the penalty reached. The stipulation must be approved by FREC.

subpoena

Being ordered to appear in court in a legal case.

summary/emergency suspension order

If during the early investigative process, the alleged facts, if true, puts the public's health, safety or

welfare in jeopardy, the DBPR may impose a summary suspension ordering the licensee not to practice real

estate until the case is resolved.

voluntary relinquishment for permanent revocation

A licensee that has had a complaint filed against him or her can voluntarily surrender his or her real estate license. This is a permanent loss of the license meaning the licensee may never hold a real estate license in the state of Florida again. (Not the same thing as "Voluntary Relinquishment.)