1. Florida Real Estate Principles, Practices & Law 39th Edition
Unit 3: Real Estate License Law And Commission Rules

2. Department of Business and Professional Regulation (DBPR)
Under the executive branch
Secretary of Department
Licenses and regulates
Businesses
Professionals
Granted legal powers by legislature
Investigate complaints
Issue subpoenas
Issue cease and desist orders
Issue citations

3. Current Mailing Address
The current residential address a licensee uses to receive mail
PO box is acceptable mailing address
Address of record
Where DBPR sends official communication
Mailing or address

4. DBPR Division of Professions Division of Service Operations
Division of Florida Condominiums, Timeshares, and Mobile Homes
Division of Real Estate (DRE)
Division Director
Employees of DBPR
Provide services needed to administer law
Administrative and ministerial duties
Office is located in Orlando

5. Florida Real Estate Commission
Regulatory body charged by Florida Legislature
Protect the public (consumer protection)
Regulate real estate brokers, broker associates, sales associates, brokerage firms, and real estate schools and instructors
Foster education of licensees

6. Composition and Qualifications
Five members are professional (licensed) members
Four must have held active licenses for five years
One must be a licensed broker or sales associate who has been active two years
Two consumer members never been licensed
Exempt from civil liability
One must be 60 years of age or older

7. The FREC Appointed to four-year terms by governor No salary to serve
Confirmed by Florida Senate
No more than two consecutive terms
Accountable to the governor
No salary to serve
$50 per day for each day on official business
Monthly meetings

8. Commission General Powers and Duties
Executive Power
Regulate and enforce license law
Foster education
Adopt a seal
Establish fees

9. Commission General Powers and Duties
Quasi-legislative
Create and pass rules and regulations
Regulate professional practices

10. Commission General Powers and Duties
Quasi-judicial
Grant or deny applications
Suspend or revoke licenses and issue administrative fines
Make determinations of violations

11. License Renewal Periods
Renewal period is two years
Licenses expire on March 31 or September 30
Must renew prior to expiration date
Post-license or continuing education requirement must be completed
Late fee charged if renewed after expiration date
Unlicensed practice of real estate following expiration of license

12. Armed Forces Renewal Exemption
Licensee in good standing who is a member of the U.S. Armed Forces is exempt from renewal requirements during active duty and for 6 months after discharge from active duty
If military duty is out of state, the exemption also applies to a licensed spouse

13. Temporary License
DBPR may issue a temporary license to spouse of an active duty member of the Armed Forces assigned to duty in Florida
Spouse must hold valid real estate license in another state
Temporary license expires 6 months after the date of issue (not renewable)

14. Active vs. Inactive Status
Active license required to perform services of real estate for compensation
Voluntary Inactive Status
Licensee requests inactive status
Voluntary inactive licensees must complete education and renewal requirements
Involuntary Inactive Status
Fail to renew license before the expiration date
After 2 years, involuntary inactive license is null and void

15. Involuntary Inactive License Reactivation
12 months or less
Complete 14 hour continuing education course
More than 12 months but less than 24 months
Complete 28 hours of a Commission-prescribed education course

16. Involuntary Inactive License
When a broker’s license is suspended or revoked for discipline
The licenses of sales associates and broker associates employed by the broker are automatically placed in involuntary inactive status
Associates may become active again under a new employer

17. Null and Void License
A license is null and void when it no longer exists
License has been involuntary inactive for more than two years
Revoked following disciplinary proceedings
Voluntarily relinquish (does not involve disciplinary action)

18. Cease To Be In Force Licensee cannot conduct business Two causes
Broker or school changes business address
Sales associate or instructor changes employer
DBPR must be notified within 10 days of either change

19. Multiple Licenses
Multiple licenses are issued to a broker who qualifies as the broker for more than one business entity
For each business that a person is a broker, a separate broker license must be obtained

20. Group License
Group licenses are issued to sales associates and broker associates who register under an owner-developer (real estate developer)
Owner-developer sends DBPR list of legal company names
Sales associate or broker associate has
One license
One employer