Out of the thorns and into the vines. Somewhere over there, there is a vineyard.

License Law Administration

Feb. 18 "it's not going to work out"

The Florida Real Estate Commission composition and powers.

• license requirements
• active and inactive status
• license activation
• void and ineffective licenses

So you have:
- Active license: one which is active, in good standing, continuing education 14 hours fulfilled
-Address of record: your address is recorded with the State
-Cancel: to X out, call off, abandon
-Cease to be in force: come to an end
-Current mailing address: residence where you currently live
-Executive: having the power to put out plans, actions, or laws into effect.
-Group license: share common beliefs. a permit from an authority to own or use something, do a particular thing, or carry on a trade.
-Ineffective: unsuccessful, unproductive, purposeless
-Involuntary inactive: done without conscious control. inoperative, nonfunctioning, idle
-Ministerial duties: relating to a government minister. duty: a moral or legal obligation; a responsibility.
-Multiple licenses: involving several parts... a permit from an authority to do something
-Null and void: having no legal or binding force. not valid or legally binding.
-Promulgate: promote or make widely known.
-Quasi: combining form...
-Quasi-judicial:
The action taken and discretion exercised by public administrative agencies or bodies that are obliged to investigate or ascertain facts and draw conclusions from them as the foundation for official actions.
-Quasi-legislative:
The capacity in which a public administrative agency or body acts when it makes rules and regulations.
-Voluntary inactive: done, given, or acting on one's own free will. idle, out of service, not in use.
-Voluntary relinquish: done, given, or acting on one's own free will. voluntarily cease to keep or claim; give up.

Florida Real Estate Commission 

Composition and Member Qualifications
What FREC is comprised of and pre-requisites to being a member

The FREC protects the general public by regulating real estate brokers, brokerage firms, broker associates, sales associates, and real estate schools and instructors. The FREC also makes the schools and permit holders. The FREC also regulates proprietary real estate schools and noncredit FREC courses in colleges, universities, community colleges, and area technical centers. The FREC looks to protect the public buyers from real estate people incompetence.
Who is the FREC? The FREC is a 7 member who regulate all the things spoke of before. There are two consumer unlicensed members who have never been brokers or associates, then there are 4 active within 5 year brokers, and 1 active sales associate or broken licensed under 2 years. The governor appoints these 7 members to 4 year terms. You cannot be in the FREC for more than 8 years, 2 terms, like the President. Each member is subject to governor confirmation, not DBPR confirmation. The only person that regulates the 7 person Commission is the governor. If you are one of the 7 you are exempt from civil liability. What is civil liability?
n. potential responsibility for payment of damages or other court-enforcement in a lawsuit, as distinguished from criminal liability, which means open to punishment for a crime. So you cannot be charged for a crime while you're in the 4 or 8 year FREC Commission. At least one of the 7 must be over 60 years old.

-One of the 7 are not salaried but are paid $50 every meeting or Commission related activity; also, the fees incurred  for traveling to meetings are reimbursed as well as expenses for official activities. Also, Commission business (paid for) outside Florida must be approved by the DBPR secretary, who I believe right now is Ken Lawson, and the Governor is Rick Scott.

-FREC meetings are held each month ($50 month), the quorum must be 51% or 4 of 7 members for the meeting to be in session/conduct official business. One meeting is an "annual meeting" in which 1 chairperson elects chairperson and vice chairperson. 

The Commission has general powers and duties:

Power: the ability to do something in a particular way
Duty: a responsibility; a moral or legal obligation

Three areas of responsibility:
Executive power to regulate and enforce the license law are delegated to the Commission by the Legislature. 
Quasi-judicial: the power to revise and enact administrative rules and regulations to interpret questions regarding the practice of real estate.
Quasi-legislative: ...
Executive - regulate and enforce license  law
Q judicial: grant or deny application, determine law violations, administer penalties
Q legislative: power to enact and revise administrative rules and regulations and interpret questions regarding real estate practice.

I think anyone who comments negatively on the American Sniper is anti-American. How can someone say that Chris Kyle was not of any use to anyone, and any movie portraying him is an automatic 5 stars/2 thumbs up because to be so courageous is enough to be at the top. He is my personal hero. He is an American hero. I think I'm starting to learn what an American Hero means. I am so tired of people not having the same American Spirit Chris Kyle had. What would we do if our country just disintegrated into smithereens? Where would everyone go? What would everyone do? It's a painstaking question. It's not as if the American Soil we live on was issued as a gift. It was paid at a price. It is freedom, the Statue of Liberty, Ellis island, every city, every town, every home. It's a way of living. It's waking up in the morning with the shades open just as much as you want. It's having the newspaper arrive on your doorstep because you paid for it, and believe in it, not because someone forced it down your throat. American is Chris Kyle. America is a choice to do the right thing. To be a hero, or a coward. To run away and hide, or to stand side-by-side and fight. This country was founded on self-government. This country is ruled by a shared blessing of liberty to all born here. Although some my have passed before me, they are still with me today, in my release, in my happiness. What a wonderful life I have seen in Chris Kyle. Thanks. What a private warrior, an an accredited protector.

Ok real estate license and law:
So, the Commission has certain powers and rules. As such, they have executive, quasi-judicial, and quasi-legislative. 
Broken down:
Executive means the power to regulate and enforce the license law which is passed down from the Legislature to the Commission FREC, to the associates.
Quasi-judicial means the power to grant or deny license applications, to determine license law violations, and to administer policies.
Quasi-legislative means the power to revise and enact administrative rules and regulations and interpret questions regarding the practice of real estate.
The FREC does certain things to remain official, such as:
Adopting a seal to adfix to documents making them prima facie legit. Then you have the fostering of education of licensees and applicants which entails the brokers, broker associates, and sales associates in legal ethical and business principles. And mandates the post and continuing education. They also make determinations of violations. Any known criminal activity against chapter 475 is reported to the state attorney. Division of Condos, timeshares, and mobile homes must be notified by the FREC when disciplinary action taken against licensee. They regulate professional practices like issuing an EDO for determining if escrow money deposited correctly when the broker asks. Also, the Commission makes the brokers keep solid records of money deposits, checks, and pending money in the escrow account. The Commission makes and passes rules and regulations. They promulgate rules and enforce the Florida Statutory laws. Promulgate is a vocab word meaning to enact and publish rules and regulations. The C (C commission from here on out) establishes fees to be paid, by licensees by checking on the revenue and then checking how much they need to keep enacting the laws they make. The purpose of the C is to maintain the welfare and happiness of the public in general practices of real estate. Was there a Jesse James of real estate or something? All these laws coming in to play now from unlawful acts that have passed?

 
They grant and deny applications for real estate license. Applicant must be qualified in order to be licensed. They can suspend or revoke your license. Kind of like the D.O.T. can suspend a license, called a driver's license. Be safe behind the wheel! Real estate license vs. driver's license. I guess this school is kind of like the driving test. You have to pass the test before you can drive on your own. You have to pass the test before you can practice real estate. And then keep studying, and keep driving. I love correlations. F.R.E.C. Florida Real Estate Commission. They can also impose fines, like the D.O.T. maybe like issuing a not wearing your seat belt ticket. Well NM. The FREC can only find you for breaking their own rules, not for breaking a state law or criminal law. And they don't have the Sheriff to come and arrest you. They just want to be informed and if they think something is up, they will come and investigate. No harm no foul. The FREC cannot throw you in jail. The FREC simply finds out what it takes to practice real estate and then make everyone practicing be their image. Next the FREC gives rules to the DRE which is the Department of Real Estate and the DRE does all the administering of the Florida License Law. Administering as a word sounds so official, how is it defined? Manage and be responsible for the running of. Ok, so have the FREC, the DRE, and the Commission.

What role does the DBPR play in the DRE?
The DBPR regulates and licenses business in Florida. The DBPR is executive branch of governor. The DBPR is governed by Chapter 120.  DBPR structured under Chapter 20. The DBPR is an ageny. Its commission consists of 7 members, and changes 4 or 8 years. The DBPR legislature is under Chapter 455. Chapter 455 of DBPR allows for investigating into consumer complaints, investigating with subpoenas, ceasing and desisting unlicensed individuals, (desist, cease or sustain), and issue citations to licensees. Secretary of DBPR is chief administer under the governor under the senate. DBPR headquarters is in Tallahassee. 

Statement of Agency Organization
and Operation

The Department of Business and Professional Regulation is the agency charged with licensing and regulating businesses and professionals in the State of Florida, such as cosmetologists, veterinarians, real estate agents and pari-mutuel wagering facilities. Our mission is to license efficiently, regulate fairly, and we strive to meet this goal in our day-to-day operation. We are under the executive branch of the Governor, and are governed by Chapter 120, F.S. Our department is structured according to the requirements of Chapter 20.165, F.S.

Agency Head.

The head of the Department of Business and Professional Regulation is the Secretary of Business and Professional Regulation. The secretary is appointed by the Governor, subject to confirmation by the Senate. There is no set term limit; the secretary serves at the pleasure of the Governor.

Secretary: Ken Lawson is currently the Secretary.

The secretary is responsible for planning, directing, coordinating and executing the powers, duties, and functions vested in the department, its divisions, bureaus, and other subunits.

Division of Professions administers numerous professional boards. Real estate is so huge it has to be mandated separately by the DBPR. I read that 180,000 are licensees in FL. But 80% drop out within 2 years. The DBPR has the Division of Professions to regulate course work, schooling, and finals. Then there's the Department of Service Operations. The DSO has the contact call center which does the phone, mail, and email questions about the license. Then you have the Central Intake Unit to process license applications and license fees for the DBPR and being responsible for licensing and renewal of license. Then there's the Division of Timeshares, Mobile Homes, and Condos, which is consumer protection through education of laws, complaint resolution, mediation and arbitration, and developer disclosure. Mediation and arbitration I learned interning at law firm. The Division regulates condos, timeshares, and mobile homes. The Division also has to make the home owner association happy by resolving complaints with owners. Then you have the Division of Real Estate: which regulates real estate law in Florida. The DRE are administrative and ministerial. The DRE has routine duties and clerical functions.

ministerial duties

Recordkeeping duties by the Division of Real Estate (DRE).

 

The Secretary appoints the director and the is a senior who directs service to the Commission. The DRE and Commission are in Orlando. The DBPR gets the DRE to get the FREC employed. Unlike the Commission who are chosen by the governor and approved by the Senate. And we elect the Senate, so who we put in power makes all the rules we have to know and live within. The Commission 7 are not employees, they are $50 a meeting, while the FREC and DRE and DBPR are employees.

(all in America, all because we are free, you can strive to be what you want to be.) I was in Spain, I was in France, I didn't breathe as much fresh air as I do in America.






I try to always cite my sources. To avoid legality and fraud among other things like plagiarism and copyright material.

I am getting one of these from typing so much.

Ganglion Cyst Overview

A ganglion cyst is a tumor or swelling on top of a joint or the covering of a tendon (tissue that connects muscle to bone). It looks like a sac of liquid (cyst). Inside the cyst is a thick, sticky, clear, colorless, jellylike material. Depending on the size, cysts may feel firm or spongy.

• One large cyst or many smaller ones may develop. Multiple small cysts can give the appearance of more than one cyst, but a common stalk within the deeper tissue usually connects them. This type of cyst is not harmful and accounts for about half of all soft tissue tumors of the hand.
• Ganglion cysts, also known as Bible cysts, are more common in women, and a majority occur in people between 20-40 years of age. Rarely, ganglion cysts can occur in children younger than 10 years of age.
• Ganglion cysts most commonly occur on the back of the hand, at the wrist joint, and can also develop on the palm side of the wrist. When found on the back of the wrist, they become more prominent when the wrist is flexed forward. Other sites, although less common, include these:
  • The base of the fingers on the palm, where they appear as small pea-sized bumps
  • The fingertip, just below the cuticle, where they are called mucous cysts
  • The outside of the knee and ankle
  • The top of the foot
  (from http://www.emedicinehealth.com/ganglion_cyst/article_em.htm#ganglion_cyst_overview)
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  Amanda Anseeuw
• School of Real Estate Unit 3