FL PL, Level 6 - Violations of License Law, Penalties & Procedures

breach of trust

the breaking of a promise or obligation, and can be done through action, omission, default, or nonperformance

concealment

withholding information or a material fact

culpable negligence

negligent conduct that is not intentional but involves a disregard of the consequences that will likely result

failure to account or deliver

the failure to deliver personal property (such as money, legal documents, or commission) to the person entitled to receive it

misrepresentation

a statement, written or spoken, that is false or misleading

moral turpitude

conduct that goes against justice, honesty, good morals, or custom; also depraved, base behavior

material fact

a fact that, if known, could cause someone to take a different course of action or make a different decision regarding the property to be purchased

fraud

the wrongful or criminal deception intended to result in financial or personal gain

complaint

a claim against a real estate professional for an alleged violation

formal or administrative complaint

contains allegations of fact against a licensee; filed if probable cause is found

legally sufficient

contains ultimate facts about an alleged violation; one of two criteria for a complaint to be investigated

probable cause

reasonable grounds for prosecution

recommended order

issued by an administrative law judge to FREC; includes their findings and recommended penalty

stipulation

a settlement between parties as to the facts of the case and the penalty reached; must be approved by FREC to be effective

subpoena

a written order commanding a person to appear in court to give testimony or produce records, under penalty for failure

summary/emergency suspension order

issued when the serious nature of a violation justifies suspending a license holder prior to their hearing

voluntary relinquishment for permanent revocation

the subject of a complaint voluntarily turns in their license and therefore avoids a hearing and other discipline; licensee can never practice real estate again

final order

FREC's final decision on innocence or guilt and decision on what penalties (if any) are to be administered

citation

issued for a minor violation and can be disputed by the subject of the complaint; fines range from $100 to $500

notice of noncompliance

issued by the DBPR for a first-time, minor violation by a licensee