Chapter 3 - Real Estate License Law & Commission Rules

The Florida statute that created the DBPR 

(referred to as the Department) 

F.S. 455 

The branch of Florida government that the DBPR is under 

Executive branch of the governor of the state of Florida 

The Florida statute that governs the DBPR 

F.S. 120 

The head of the DBPR 

The Secretary, who is appointed by the governor 

The location of the principle offices of the DBPR

Tallahassee, Florida

The division of the DBPR that protects the public by regulation of the real estate and appraisal licensees through education and compliance 

The Division of Real Estate (DRE, or the Division)

The individual or entity that selects and approves the Director of the Division 

The Director of the DRE is appointed by the Secretary of the DBPR and subject to approval by a majority of the FREC members

The location of the principle offices of the Division 

Orlando, Florida

The entity that is defined by Part I of F.S. 475

The Florida Real Estate Commission (FREC) 

The entity that is defined by Part II of F.S. 475

The Florida Real Estate Appraisal Board (FREAB)

The Florida Administrative Code containing FREC rules that apply to real estate licensees

F.A.C 61J2

The Florida Administrative Code containing FREAB rules that apply to appraisal licensees

F.A.C. 61J1

The Part of F.S. 475 consisting of the Commercial Real Estate Sales Commission Lien Act

Part III of F.S. 475

The Part of F.S. 475 consisting of the Commercial Real Estate Leasing Commission Lien Act 

Part IV of F.S. 475

The administrative agency that the Department has delegated rule-making and disciplinary authority to

The FREC (Commission) 

The entity that carries out the day-to-day work of regulation of the real estate profession

The DRE (Division)

The authorized powers of the Department (F.S. 455.228)

Issue cease and desist orders (licensed or unlicensed individual), seek an injunction from a court, issue citations or notices of noncompliance, administer oaths, take depositions, issue subpoenas, and adopt rules

Maximum fine for a citation issued to violators of specified rules

Maximum fine not to exceed $5,000 per offense

Source of Department funds to pay for investigation and prosecution of unlicensed activity

A fee of $5.00 collected from all applicants for licensure and those who request renewal

The criminal penalty for giving false information when applying for or renewing a license 

A third degree felony, which is punishable in criminal court

The criminal penalty for the theft or reproduction of license examination test questions and answers 

A third degree felony, which is punishable in criminal court

The Florida statute governing the FREC (or Commission)

F.S. 475, Part I

The rules enacted by the Commission

F.A.C. 61J2

Executive power

The power of the FREC to publish information and keep the public informed of changes in the laws or rules, further the education of licensees, and investigate complaints against licensees

Quas-judicial power

The power of the FREC to impose disciplinary action for violations of FREC laws or rules

Ministerial power

The power of the FREC for record keeping and clerical functions (performed by the Division employees on behalf of the Commission) 

Quasi-legislative power

The power of the FREC to make and pass rules (in F.A.C. 61J2) that regulate the operation of licensees and the real estate profession

Executive power

The type of power that can be exercised by the FREC chairperson acting alone or that can be delegated by quorum vote to any other Commission member

The type of FREC powers that cannot be delegated 

Quasi-legislative and Quasi-judicial powers cannot be delegated

Requirements for passing of a FREC rule 

Requires a quorum vote of the Commission; must not conflict with the U.S. Constitution, the laws of Florida, or the laws of the U.S.

Method by which Commission members are selected

Commission members are appointed by the governor and subject to confirmation by the state senate

Composition of the seven Commission members 

4 licensed brokers with active license for five years preceding appointment, 1 licensed broker or sales associate with active license for two years preceding appointment, 2 lay members. One of the 7 members must be 60 years of age or older

Length of term for Commission members 

Members are appointed for four-year terms

Maximum number of terms that can be served by Commission members

There is no maximum number of terms, however members may not serve more than two consecutive terms

Commission meeting location and frequency

The Commission meets at least once a month in the Division offices in Orlando, Florida

Prima Facie Evidence 

A certificate entered into evidence in court proceedings that is a rebuttable presumption that the facts presented are true unless sufficient evidence to the contrary is presented

License expiration date for an initial license obtained on November 15, 2017

September 30, 2019

License expiration date for an initial license obtained on March 30, 2018

September 30, 2019

License status of a sales associate whose initial license expires on September 31, 2019 and completes their first renewal requirements 10 minutes after midnight the morning of October 1, 2019

Null and Void

Method by which a sales associate whose license became null and void as a result of failure to renew the initial license prior to expiration may continue to practice real estate 

Complete the 63-hour pre-license course over again, submit another initial license application, take and pass the state license exam again, and register employment with an active broker or owner-developer

Method by which a broker whose license became null and void as a result of failure to renew the initial broker license prior to expiration may continue to practice real estate as a sales associate

Revert to a licensed sales associate by completing the 14-hour CE within six months of the broker license becoming null and void and register employment with an active broker or owner-developer

License status of a broker or sales associate who has already renewed their initial license and fails to renew their license prior to the subsequent license expiration

Involuntary Inactive

Length of time that a licensee’s license status can remain involuntary inactive

Up to 2 years

The term referring to the license status of sales associate who has changed employers

“Ceases to be in force”

Timeframe within which a sales associate who has changed employers must notify the Commission

No later than ten days after the change in employer

The license status of a licensee who has attained a license but has chosen not to actively engage in the real estate business by registering an employer

Voluntary Inactive

The method by which a licensee may change the involuntary inactive status to active during the first 12 months following failure to renew their license (other than the first renewal)

Complete the 14-hour CE course and pay an additional fee to the Department 

The method by which a licensee may change the involuntary inactive status to active between 13 and 24 months following failure to renew the license

Complete the 28-hour Reactivation course and pay an additional fee to the Department

The status of a licensee’s license two years after failing to reactivate their involuntary inactive license

Expired

The license status of all licensees employed by a broker whose license is suspended, revoked, or otherwise void or ineffective

Inactive

The consequence of having a null and void license

The license holder may no longer practice real estate

The number of employers that a sales associate or broker associate may have a one time in the practice of real estate

Only one employer at a time

The type of licensee who might obtain a group license

Sales Associate or Broker Associate 

The type of licensee who can be issued multiple licenses

Broker

Condition for obtaining a group license

A sales associate or broker associate works for one owner-developer with affiliated organizations, providing real estate service in different geographic areas