Term
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Definition
| statements of alleged violations and penalties to be imposed |
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Term
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Definition
| an alleged violation of a law or rule |
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Term
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Definition
| outline of charges against a licensee |
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Term
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Definition
| a complaint contains facts indicating a violation of the 1) Florida statute 2) Federal statute 3) DBPR rule 4) FREC rule |
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Term
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Definition
| issued by DBPR in the case of a MINOR rule violation that does not endanger the public |
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Term
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Definition
| reasonable cause for prosecution |
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Term
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Definition
| a determination of an administrative law judge that indicates findings and conclusions to be included in a final order |
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Term
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Definition
| a command to appear at a certain time and place to give testimony |
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Term
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Definition
| emergency or immediate action against a license to protect the public |
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Term
| what are the eight steps in a complaint process |
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Definition
| 1 filing the complaint 2 investigation 3 probable cause 4 formal complaint 5 informal hearing 6 formal hearing 7 final order 8 judicial review |
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Term
| how many people make up a probable cause panel |
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Definition
| 2 members of FREC who are appointed by the chairperson of the commission a former commissioner may serve on a probable cause panel however one of the two panel members must be a current number the panel must include at least one professional member present or former however in the case of the former professional member here she must hold an active valid license If a present or former consumer member is available and willing to serve then one of the panelists must be a consumer member |
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Term
| what are the three types of penalties |
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Definition
| administrative penalties, civil penalties and criminal penalties |
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Term
| what is a administrative penalty |
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Definition
| is a penalty for violations of the law or rules and regulations possible administrative penalties include denial of an application for a license refusal to recertify a license renewal: revocation of a license: suspension of a license for not more than 10 years a fine not to exceed $5000 for each Florida Statut. 455 violation or $1000 for each Florida Statut 475 violation and probation, reprimand, citation, notice of noncompliance or other penalty |
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Term
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Definition
| is a penalty that may be enforced by courts if a person has performed any real estate service without a license the courts may rule that no sale commission is due which can be much greater penalty then a administrative fine or criminal penalty |
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Term
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Definition
| if the licensee fails to take action to correct one of the listed minor violations within 15 days after being notified the licensee may be fined or subjected to other disciplinary actions |
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Term
| what is a criminal penalty |
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Definition
| first-degree penalty= 1 unlawfully collecting an advance fee for listing real property 2 failing to provide accurate and current rental information for a fee. Penalty for first degree misdemeanor is a fine of not more than $1000 and or up to one year in jail |
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Term
| what is the purpose of the real estate recovery fund |
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Definition
| to reimburse any person partnership or corporation judged by a Florida court to have suffered monetary damages but not punitive damages as result of the act committed by broker or sales associate |
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Term
| what is a total payout per transaction from the real estate recovery fund |
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Definition
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Term
| payments for claims based on judgments against one broker or sales associate may not exceed in total of how much money |
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Definition
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Term
| what is the authorized limit for the recovery fund |
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Definition
| $1 million start collecting when falls belwoe 500,000 |
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Term
| brokers and agents pay how much into the fund each year |
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Definition
| $3.50 per year for brokers $1.50 per year for sales associates |
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Term
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Definition
| the breaking of your promise or obligation |
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Term
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Definition
| to mix the money or other personal property of a buyer or seller with the brokers own money or property |
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Term
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Definition
| the withholding of information or material fact |
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Term
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Definition
| unauthorized control or use of another's personal property to taking another person's property |
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Term
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Definition
| guilty of failing to use the care a reasonable person would exercise |
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Term
| failure to account for and deliver |
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Definition
| the act of failing to pay money to a person entitled to receive |
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Term
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Definition
| intentional deceit for the purpose of inducing another to rely on information to part with some valuable thing belonging to him or her or to surrender a legal right |
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Term
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Definition
| a piece of information that is relevant to a person making a decision and that affects the value of the real property |
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Term
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Definition
| an un true statement of fact |
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Term
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Definition
| conduct contrary to honesty good morals justice or accepted custom |
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Term
| what is the first response to a minor violation |
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Definition
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Term
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Definition
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Term
| a probable cause panel includes |
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Definition
| wto members at least one professional and at least one current |
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Term
| who prepares and submits a recommended order of findings and conclusions in a complaint case |
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Definition
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Term
| the final order issued by the DBPR secretary or illegally appointed designee the results of circumstances that pose an immediate danger to the public health safety welfare is called a |
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Definition
| summary or emergency suspension |
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Term
| in the brokers license is suspended the licenses of all sales associates working for the broker are |
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Definition
| placed in involuntary inactive status |
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Term
| one penalty that the commission may not legally levy is |
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Definition
| deny the payment of compensation |
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