What is the purpose of the disciplinary guidelines? Show
Correct answer: d Who reports findings of fact to the Commission at the
conclusion of an administrative hearing? Correct answer: d What happens if a respondent fails to answer an administrative complaint? Correct answer: c The range of penalties that may be imposed on a licensee by the Commission for violation of law or rules includes which of the following? Correct answer: a An appeal of a Commission final order may be filed with which of the following? (a) Florida Supreme Court (b) District Court of Appeals (c) County court (d) Department of Administrative Hearings Correct
answer: b Which of the following statements best describes the Probable Cause Panel? Correct answer: d What is the charge for anyone found guilty of using false or misleading advertising? Correct answer: b What is the
maximum amount of money that can be paid from the Real Estate Recovery Fund to three persons who suffered monetary loss as the result of a fraudulent act committed by a real estate licensee and have been awarded a single judgment? Correct answer: b In which of the following circumstances may a citation be issued to a licensee? Correct answer: a According to disciplinary guidelines of the Florida Real Estate Commission, what is the license status of a licensee who receives the maximum penalty as a result of their confinement in a mental institution? Correct answer: d When a licensee is confined in jail, prison or mental institution, or though mental disease can no longer practice real estate with skill and safety, the usual action of the Commission is to impose a penalty of license revocation. Reference: Chapter 6, Exhibit 6.3 Violations Requiring a Full Disciplinary Hearing, (o) 475.25(1)(n) What action might the Secretary of the Department of Business and Professional Regulation take against a broker whose actions pose an immediate serious danger to the safety and welfare of the
public? Correct answer: b What action may be taken if either the Florida Real Estate Commission or the licensee disagrees with a recommended order? Correct answer: c Complete the statement. The individual who files a complaint is referred to as the: Correct answer: c What must an unlicensed individual do when ordered to appear before
the DBPR? Correct answer: b Which activity would be classified as a first-degree misdemeanor under Chapter 475, Florida Statutes? Correct answer: b Which of the following is the maximum penalty that may be imposed upon an individual who is found guilty of unlicensed activity? Correct answer: c George
has received a final order from the Florida Real Estate Commission, ordering his license revoked. If George wishes to appeal this order, what would be his next step? Correct
answer: d How is the Real Estate Recovery Fund funded? Correct answer: d A broker defrauded two customers in a single real estate transaction. The court rendered a single judgment against the broker in the amount of $65,000. The broker could not satisfy any portion of the judgment from personal assets. What amount will the former customers be able
to recover from the Real Estate Recovery Fund? Correct answer: a Which of the following best describes a DBPR
investigator's roles and responsibilities? Correct answer:
c How would a licensee attempt to compel testimony from a witness in a formal hearing? Correct answer: a If an investigator from the DBPR found a minor infraction of Ch. 475, F.S.,
or Ch. 61J-2, F.A.C., what would be the likely result? Correct answer: d Occasionally FREC may receive a complaint from a member of the public that is not considered a "legally sufficient" complaint. Which of the following scenarios would be considered legally
sufficient? Correct answer: c Complete the statement. Advertising in a false or deceptive manner would be considered a: Correct answer: c What would be the maximum fine FREC could impose against a licensee who was found guilty of TWO
violations of Ch. 475? Correct answer: d A licensee from Miami decided to purchase a home in Orlando. Because the licensee was unfamiliar with the Orlando market, while acting as a buyer, he/she engaged the services of an Orlando broker. The Orlando broker neglected his/her duties, resulting in a financial loss to the Miami licensee. Which statement is correct regarding this situation?
Correct answer: b The Florida Real Estate Recovery Fund was established for the purpose of reimbursing those persons or entities that have suffered monetary damages as the result of fraudulent acts committed by real estate licensees. To be eligible for reimbursement from the Recovery Fund, a suit for damages must first be brought in a civil action against a broker, broker associate or sales associate. After a judgment has been obtained, the personal assets of the licensee must first
be used to satisfy the judgment. If the assets of the licensee are insufficient to satisfy the judgment, the party award the judgment may request reimbursement from the fund. What is the maximum administrative fine for violation of Florida real estate law?Fines – The maximum administrative fine is $5,000 for each separate offense a licensee is found to be in violation of. License Suspension – The maximum period is ten years.
What is the maximum fine Frec can impose against a licensee who was found guilty of two violations of FS 475?10. What is the maximum fine FREC can impose against a licensee who was found guilty of two violations of F.S. 475? Administrative fines may be imposed by the Commission for violations of law or rules in amounts up to $5,000 per offense.
What is the maximum fine that can be levied by Frec for any violation of 475 fs and 455 fs?Any violation of Florida statute, FREC rule, or DBPR rule can be grounds for suspension, but usually, a more serious offense or repeated offense is required. Fine: Impose a fine of up to $5,000 per violation of F.S. 475 (DBPR may impose a fine of up to $5,000 for a violation of F.S. 455).
What are the types of administrative penalties that Frec or DBPR can impose on a licensee?For purposes of this rule, the order of penalties, ranging from lowest to highest, is: reprimand, fine, probation, suspension, and revocation or denial. Pursuant to Section 475.25(1), F.S., combinations of these penalties are permissible by law.
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