Cruising through the real estate course materials. Yay.

THERE ARE PROVISIONS TO THE REAL ESTATE RECOVERY FUND:
ALSO, CITATION $100-$500, FINE UP TO $1000, LETTER NON-DISCIPLINARY DESCRIPTION, NOTICE OF NONCOMPLIANCE WARNING OF VIOLATION CORRECT IN 15 DAYS, PROBATION PERIOD MEETING EDUCATION REQUIRED. If you are hurt while practicing real estate and are not a llc or corp, only a licensed real estate agent performing real estate and you are injured financially you can file with the real estate recovery fund. An individual can also be reimbursed by the fund.

Real estate recovery fund process: file a claim: http://commerce.state.ak.us/dnn/Portals/5/pub/REC_AS_08.88.460.pdf

ARTICLE 4.

REAL ESTATE RECOVERY FUND.

Sec. 08.88.460. Claim for payment.

(a) Subject to (e) of this section, a person seeking an

award from the recovery fund for a loss suffered in a

real estate transaction as a result of fraud, an intentional

tort, deceit, or the conversion of trust funds or the

conversion of community association accounts under

the control of a community association manager on

the part of a person licensed under this chapter shall

(1) obtain a final judgment from a court of competent jurisdiction, a final arbitration award, or a

settlement agreement with a licensee that

involves a person committing fraud, an intentional

tort, deceit, the conversion of trust

funds, or the conversion of community association

accounts;

(2) submit an affidavit describing the efforts made

to collect the final judgment, final arbitration

award, or settlement agreement stating that

the person has used due diligence to collect the

amount due, stating that the judgment, arbitration award, or settlement agreement is

uncollectable using reasonable efforts, and th

at the conduct that is the subject of the judgment,

arbitration award, or settlement agre

ement involved an activity for which a person must

obtain a license under AS 08.88.161;

(3) make a claim to the commission for an award

from the recovery fund on a form furnished by

the commission; in order to be eligible fo

r an award by the commission, the claim form must

be filed within two years after the date a

judgment, arbitration award, or settlement agreement

that is the basis for the award from the recovery fund is no longer subject to appeal; the form

must be executed under penalty of unsw

orn falsification in the second degree and must

include

(A) the name and address of each real estate licensee involved;

(B) a copy of the final judgment, final ar

bitration award, or settlement agreement;

(C) a copy of the affidavit asserting due dilig

ence but lack of success in collecting the

entire amount due;

(D) the amount of the final judgment, final

arbitration award, or settlement agreement

that remains unpaid;

(E) the name and address of the claimant; and

(F) a general statement of facts relative to the claim.

(b) The commission shall send a copy of a claim filed

under (a) of this section to each real estate licensee

named in (a)(3) of this section.

(c)

[Repealed, Sec. 24 ch 113 SLA 2008.]

(d) A claimant under this section shall pay a filing fee

of $250 to the commission at the time the claim is

filed. The filing fee shall be refunded if the

(1) commission makes an award to

the claimant from the real

estate recovery fund; or

(2) claimant withdraws the claim.

(e) If the claim is for a loss incurred as a result of

acts or omissions occurring in the course of the

licensee's practice of community association ma

nagement, only the owners' association for which the

real estate licensee practices community associ

ation management may file a claim under this section

.

Fund info: http://francesjarvis.com/2013/01/28/what-is-the-real-estate-recovery-fund/

You have 2 years to make a claim. Of the alleged violation or recently discovered violation. You cannot make a claim after 4 years no exceptions. Maximum you can get is $50,000 no matter how many parcels were involved. A claim against a broker or associate cannot exceed $150,000. Licensees pay for the fund where broker's pay $3.50 per year and associate pays $1.50 per year. Fees stop collecting when fund reaches 1 million. Collection begins again when fund drops below $500,000. "Disciplinary fines imposed by the FREC and collected by the DBPR are also transferred into the fund. The chief financial officer makes all payments from the fund following receipt of a voucher signed by the DBPR Secretary." "The license is automatically suspended on the date of payment from the recovery fund and will not be restored until the licensee has repaid the amount paid from the fund in full (plus interest)." So if you are a broker and need to issue an EDO and need to hire an attorney and pay court costs you can be reimbursed from the fund up to $50,000. If you are selling by owner or buying without an agent and an agent interferes with your transaction you can reimburse from the fund for damages.

defendant |diˈfendənt|
noun
an individual, company, or institution sued or accused in a court of law.

offend |əˈfend|
verb
1 [ trans. ] (often be offended) cause to feel upset, annoyed, or resentful : viewers said they had been offended by bad language. hurt someone's feelings... offending the defendant.

• Recovery Fund reimburses consumers who are financially injured by a licensee.
• Licensee must hold active license at time of alleged act and acted in capacity of a real estate licensee in the transaction.
• Spouse of the offending licensee (judgment debtor) is not eligible for reimbursement.
• A civil suit was filed, a final judgment issued against licensee, and an attempt was made to collect on the judgment.
• Claim must be made within two years of the alleged act or within two years of the discovery of the alleged act.
• Maximum payment from one judgment (single transaction) is $50,000.
• Maximum payment based on multiple judgments (more than one transaction) against a licensee is $150,000.
• At time of payment from fund due to misconduct, license is automatically suspended until money plus interest is repaid to the fund.
• Punitive damages and interest cannot be reimbursed from the fund.
• A broker who complies with an escrow disbursement order and is later sued may be reimbursed from the fund without penalty.

punitive |ˈpyoōnətiv|
adjective
inflicting or intended as punishment : he called for punitive measures against the Eastern bloc.
• (of a tax or other charge) extremely high : a current punitive interest rate of 31.3%.
DERIVATIVES
punitively adverb
punitiveness noun
ORIGIN early 17th cent.: from French punitif, -ive or medieval Latin punitivus, from Latin punit- ‘punished,’ from the verb punire (see punish ).
Payment for claims based on judgments against one broker or sales associate may not exceed, in total, $150,000.
The spouse of the offending licensee (judgment debtor) is not qualified to make a claim for recovery from the fund.

My degree: Bachelor of Arts English
My certification: Notary Public
My history: Cads by Amanda LLC owner, www.cadsbyamanda.com

"contracts are what's important. not lugging people around all day." someone told me today.     

REAL ESTATE IS A GREAT CAREER CHOICE: https://www.youtube.com/watch?v=uCNOEK41Fcs 
Ready to join the real estate industry: http://www.youdrivethesuccess.com/becoming-a-real-estate-agent/

Control: time, money, choices.
Money: sky is the limit. 
Leverage: create multiple streams of income: selling, property management, flipping, referrals, nationally, passive income
Ease of entry: stable career with longevity, own your own business,  

The answer is $7,000. The buyer can recover the amount of the judgment up to $50,000 or the unpaid amount of the judgment, whichever is less. The buyer cannot be reimbursed from the Recovery Fund for court costs or attorney's fees.



Administrative complaint: running of a business statement that is unsatisfactory
Breach of trust: failing or breaking to observe a law, agreement, or code of conduct in the belief of reliability, truth, ability, or strength of someone or something
Citation: law, a summons
Commingle: mix, blend funds -- publicly reproved for commingling funds.
Reproved: reprimand someone
Complainant: a plaintiff in certain lawsuits
Plaintiff: a person who brings a case against another in a court of law
Complaint: a statement that a situation is unsatisfactory or unacceptable
Concealment: keep from sight, hide

Conversion: adaption of a building for a new purpose. law: the changing of real into personal property or of joint into separate property or vice versa.
Culpable negligence: deserving blame failure to take proper care in doing something
DOAH: division of administrative hearings: http://www.doah.state.fl.us/ALJ/

State of Florida
Division of Administrative Hearings

CONFIDENTIAL INFORMATION

Every person filing a document at DOAH has the responsibility to ensure that no information protected by privacy or confidentiality laws is contained in any document that would be posted to DOAH's website in the regular course of business. This means that the person filing a document has the responsibility to redact (black out) or remove any protected private or confidential information, including but not limited to a social security number, from every document filed at DOAH.

Emergency suspension order: a serious unexpected situation requiring immediate action the official prohibition of someone from holding their usual post or carrying out their usual role for a particular length the prescribed procedure followed by a meeting or an authoritative command
Failure to account for and deliver: the omission of required action giving satisfactory record of (typically money that one is responsible for) "he was brought before the Board to account for his behavior." provide something promised or expected
Final order: coming to the end prescribed procedure followed by a meeting or authoritative command
Formal complaint: officially sanctioned or recognized a statement that a situation is unsatisfactory
Formal hearing: officially sanctioned or recognized law: an act of listening to evidence in a court of law before an official: trial before a judge without jury
Fraud: wrongful or criminal deception to result in a financial or personal gain 'deceit-injury'
Informal hearing: unofficial listening to evidence in a court of law
Legally sufficient: of the law, enough
Material fact: • chiefly Law (of evidence or a fact) significant, influential, or relevant, esp. to the extent of determining a cause or affecting a judgment : information that could be material to a murder inquiry. physical objects rather than mind and spirit. • chiefly Law the truth about events as opposed to interpretation : there was a question of fact as to whether they had received the letter. a thing that is indisputably the case.
Misrepresentation: a false or misleading statement - the legal action to provide  remedy for a false or misleading statement
Moral turpitude: concerned with the principles of right and wrong behavior and the goodness and badness of human character. depravity; wickedness.
 
Notice of noncompliance: 2 notification or warning of something, esp. to allow preparations to be made : interest rates are subject to fluctuation without notice.
• a formal declaration of one's intention to end an agreement, typically one concerning employment or tenancy, at a specified time : she handed in her notice.
3 a displayed sheet or placard giving news or information : the jobs were advertised in a notice posted in the common room. failure to act in accordance with a wish or command.
Probable cause: reasonable grounds for making a search or pressing a charge
Recommended order: advise to do something in an authoritative command
Stipulation: demand or specify, typically as part of a bargain or agreement
Subpoena: a writ ordering a person to attend a court. under penalty.
Summary suspension: a brief statement of the main points of something. official prohibition of someone from holding usual position or post or carrying out their usual role for a particular length of time.
Voluntary relinquishment for permanent revocation: acting of one's own free will, give up, remain unchanged indefinitely, (noun) put an end to the validity of


 THE RIGHT WORD
You can be an ethical person without necessarily being a moral one, since ethical implies conformity with a code of fair and honest behavior, particularly in business or in a profession (: an ethical legislator who didn't believe in cutting deals), while moral refers to generally accepted standards of goodness and rightness in character and conduct—especially sexual conduct (: the moral values she'd learned from her mother).
In the same way, you can be honorable without necessarily being virtuous, since honorable suggests dealing with others in a decent and ethical manner, while virtuous implies the possession of moral excellence in character (: many honorable businesspeople fail to live a virtuous private life).
Righteous is similar in meaning to virtuous but also implies freedom from guilt or blame (: righteous anger); when the righteous person is also somewhat intolerant and narrow-minded, self-righteous might be a better adjective.

There are step by step procedures for investigations and hearings via the complaint process.

investigation |inˌvestiˈgā sh ən|
noun
the action of investigating something or someone; formal or systematic examination or research : he is under investigation for receiving illicit funds.
• a formal inquiry or systematic study : an investigation has been launched into the potential impact of the oil spill.
hearing |ˈhi(ə)ri ng |
2 an opportunity to state one's case : I think I had a fair hearing.
• Law an act of listening to evidence in a court of law or before an official, esp. a trial before a judge without a jury.

There are many types of violations of the laws and rules governing real estate activities and consequences that may result. If a Florida licensee commits an unlawful act, and someone suffer from damages, the Real Estate Recovery Fund is enacted. FREC=florida real estate recovery fund=licensee fees pay for the fun to help those harmed in real estate transactions.
What is the Real Estate Recovery Fund?

This is a short summary of what the Real Estate Recovery Fund (“RF”) is and how it works. It is not an exact restatement of the law. Any specific questions concerning eligibility or discussion of a specific claim should be directed to a licensed Florida attorney.

The Real Estate Recovery Fund is an account created by the Florida Real Estate Commission (“FREC”) to reimburse any person, partnership, or corporation adjudged by a court of competent civil jurisdiction in this state to have suffered monetary damages by reason of any act committed, as a part of any real estate brokerage transaction involving real property in this state, by any broker or sales associate.

The RF is funded by a fee of $3.50 added to the license fee of new and renewal broker's licenses, as well as a fee of $1.50 added to the license fee of new and renewal sales associate licenses. In addition, all moneys collected from fines imposed and collected by FREC are transferred to the RF.

Q: What Does This Mean for Brokers?
A: It is important to know about the process if a brokerage intends to hold escrow because the RF provides the protection for the broker if the broker receives an escrow disbursement order issued by the FREC. A brokerage should make sure they take the requisite steps when dealing with an escrow claim so that they can preserve their right to claim on the RF.
Be aware that the process of claiming on the RF is a legal one. A person must have a license to practice law to assist a third party in the filing of a claim. If a customer believes that they have been damaged by the actions of another licensee in Florida, the licensee should recommend they speak with an attorney concerning their claim.

https://www.youtube.com/watch?v=9Zeh3Z66kvo

Distinguish among legal terms in real estate. Sometimes real estate terms in the legal realm are hard to understand.
You can breach someones trust: a violation of a moral or legal duty; breaking a promise by default or nonperformance. If you mess up, the Commission will charge you with an administrative complaint as is section 475. If you commit fraud, misrepresent, make false promises, operate under false pretenses, trick and do dishonest dealings, scheme or devise, culpable negligence, or breach of trust you are getting an Administrative complaint: a fine and an investigative cost, license suspension, 45-hour post license course and 3 hour ethical course. People are actually issued these. Do not commingle. Commingling will get you in trouble. Don't mix customer or principal money with your own. Do not place more personal money than allowed in escrow account. Do not mix broker money with buyer or seller money: commingling. If you withhold information or a material fact you are concealing and concealing is bad. Also called concealment. You have to speak to the principal in a fiduciary relationship if you, the broker, know the material fact. Concealment is withholding information. DO NOT USE EARNEST MONEY FOR PERSONAL USE. MISUSING CLIENTS MONEY MEANS CONVERSION "CONVERTING THEIRS TO YOURS" ILLEGAL. CONVERSION IS  MISUSE OF MONEY. Negligent conduct involves a disregard of the consequences likely to result from one's actions. If you mess up, whether intentional or unintentional, you are negligent. If you fail to use reasonable care you are negligent. If you fail to account for a deliver money that is rightfully someones you fail to deliver. If you do not deposit money from a sale by the contract date you failed to account for and deliver. If someone earned money, give it to him or her. Intentional deceit is fraud. Staying silent to something important that you know that the buyer does not is fraud, it's misleading. Fraud usually harms someone. A material fact affect the value of a property. If you know code violations or defects you know material facts. Untruth, incorrect information, and false misrepresentation of the facts is misrepresentation. If you say FSBO and you are a broker you are misleading and misrepresenting.
Moral turpitude involves conduct contrary to honesty, good morals, justice, or accepted custom. Case law has further defined moral turpitude to mean a depravity against society. Embezzlement, larceny, and robbery are generally considered moral turpitude. The sales associate violated Section 475.25(1)(f), F.S., for being convicted or found guilty of a crime in any jurisdiction that involves moral turpitude. The sales associate was fined $1,000 and investigative costs of $396. The sales associate was given one year of probation. The licensee was further ordered to attend one two-day FREC meeting.

There are procedures to report violations, investigate complaints, and conduct hearings. There is also a probable cause panel. If there is real estate trouble, the DRE investigates. The DRE is the department of real estate. The DRE evaluated licensees and complaints. The DRE presents you to the FREC once it finds out. The DRE asks, have all qualifications been met? The DRE finds out who is violating a law. The DRE can investigate in person and look through your office and check escrow sheets. There is an official transcript made and you can request a copy of it. As stated in Chapter 119. The agency must record official proceedings but not transcribe official proceedings.

If you're involved in an alleged violation then,

1. File complaint
2. Investigate complaint
3. Find probable cause
4. If probable cause found then file a formal complaint
5. Attend the informal or formal hearing about the violation
6. Get your final order on what will happen next 
7. The final order is reviewed judicially

The DBPR can and will investigate, even if its criminal. Just because the complainant withdrawals does not mean the DBPR will revoke investigation. You or your attorney will get a copy of the investigation.

complainant

The person who makes an allegation or a charge against another person (the respondent).

You can respond in writing to a complaint against you. There is a probable-cause panel that reviews your written defense statement. Information obtained through the investigative process must be treated confidential until 10 days after probable cause found or you waive your right to confidentiality. The DBPR can administer oaths, take depositions, and examine respondents, witnesses, and complainants.  Oath • a sworn declaration that one will tell the truth, esp. in a court of law. Deposition. 3 Law the written record of a witness's out-of-court testimony. Examine • Law formally question (a defendant or witness) in court. Compare with cross-examine. The DBPR can issues subpoenas to get the information it wants like documents and records. Someone from the department will interview you and review your escrow. After investigation, if the complaint is valid, the probable cause panel gets it. Sometimes people behaved so badly and the DBPR finds out and prohibits the licensee in question from further harming the general welfare. If a DBPR investigator finds someone stealing thousands from the escrow immediate action is required instead of normal disciplinary process. The DBPR secretary has the right to issue an immediate suspension of a fraud license called the summary suspension or the emergency suspension order.

summary suspension

An emergency suspension that must be issued by the DBPR secretary or the secretary's designee.

emergency suspension order

To cause to cease operating for a period of time; the temporary withholding of a person's license rendering it ineffective; a period of enforced inactivity. There is no hearing after a summary suspension. but a formal hearing of suspension is necessary.

If you have reasonable grounds to persecute someone then you have probable cause.

probable cause

Reasonable grounds (sufficient facts and evidence) to warrant prosecution.

Whoever is on the probable cause panel can vote and majority wins. It's an FREC probable cause panel and contains 2 members. 1 is a former commissioner. one is a current frec commission. says chapter 455. someone has to hold an active real estate license. There is a volume of investigative reports. No member of the public can attend a probable cause meeting. It's grand jury style and the commissioners go. Even the FREC can't attend. "Because the remaining commissioners do not participate in the probable-cause proceedings, they are able to maintain objectivity in the matter if it comes before the Commission in an informal hearing." OBJECT: NOT INFLUENCED BY PERSONAL FEELINGS OR OPINIONS. The 2-person probable cause panel was created to determine if there is probable cause. The panel may request more information from the DBPR before making a final decision. The decision has 30 days to be made and may be extended by the Department of State. The Department can take over the final decision if the panel never reaches in the time frame. If there is probable cause found the licensee and broker will get a notice in the mail from the DBPR. Can also come from FREC and is in writing. Make sure all your information is current and correct. 10 days can override the the complaint if probable cause is not found. The Department can choose not to prosecute a complaint. A case can be dismissed and a letter of guidance can be released. You'll get a written notification of the outcome in the mail. You might not always if a claim is filed. Sometimes people go behind your back. The formal complaint happens against the party once the probable cause is found.

formal complaint

An outline of charges against a licensee. (Also called an administrative complaint.)

administrative complaint

An outline of allegations of facts and charges against the licensee. (Also called a formal complaint.)

You get an election of rights form mailed with the formal complaint and charges found against you. You have 21 days to pick the following:

1. not dispute the complaint and request an informal hearing
   1. dispute the request in a formal hearing
      1. not dispute the allegations of fact and waive the right to be heard

 

You and your attorney can meet with the DRE before the formal hearing to discuss stipulations.

stipulation

An agreement as to the penalty reached between the attorneys for the DRE and the licensee or licensee's attorney. The FREC has to approve what the attorney and DRE elected. It's a good idea to also go with your attorney to defend your stipulation that you made up with the DRE. During a Commission meeting is when your stipulation will be approved or denied. The FREC will revise a stipulation to make it  more severe sometimes. 

You can just crush your license all together to curb the penalty of stipulations.

Voluntary relinquishment for permanent revocation

A licensee-respondent may choose to avoid a disciplinary hearing and relinquish the real estate license in lieu of discipline, permanently revoking the license. Admit = informal. Deny = formal, law judge. Probable cause panel is not allowed in Commission informal meeting.

informal hearing

An expedited way of resolving disciplinary cases provided the licensee does not dispute the alleged facts stated in the complaint. The formal hearing is given to the DOAH. Department of administrative hearing. Attorney not judge, in chapter 120.

subpoena

A command to appear at a certain time and place to give testimony.A subpoena is be there.

recommended order

The administrative law judge's findings, conclusions, and recommended penalty. In a formal hearing of the DOAH attorney judge a recommended order is established and to get where they need to get a subpoena may be issued for witnesses to show. The FREC gets all this information and everyone on the Commission but the probable cause panel meets a final decision.

final order

The Commission's final decision as to innocence or guilt and the determination of the appropriate penalty. NOOO. the final order is the frec informal hearing. the recommended order is the formal hearing. This is all the quasi-judicial process. A final order is in writing. "The respondent may appear in person or be represented by an attorney or both. Independent legal counsel represents the Commission in disciplinary proceedings. The Commission members who did not serve on the probable-cause panel consider the administrative law judge's report and recommended order, plus any filed exceptions to the report and the accused party's final arguments, if any. After all final arguments are heard, the Commission members make a determination and issue the final order, concluding the quasi-judicial process." Final order comes into play 30 days after it is reached. Final orders are not confidential and are published. You have 30 days to challenge the final order. You have to give your appeal to the DBPR and public court. You can really be bold and keep challenging the Commission by a writ of supersedeas and a stay of enforcement so you can practice during the appeals process.

The respondent's rights and privileges as a licensee will be restored as of the date of filing, if the final order is reversed. Thereafter, the matters examined and the charges alleged cannot be reexamined in any other proceedings concerning the licensure of that person or party. When the inquiry or proceeding is in reference to an application to become licensed, the application must be approved and processed. If a court reverses or sets aside a final order, the court may award attorney's fees and costs to the aggrieved prevailing party. The DBPR is authorized to seek judicial review of any final order issued by the Commission. If a FREC final order is affirmed, reversed, or set aside, a mandate copy is filed with the Commission attesting to that event. The respondent's rights and privileges as a licensee will be restored as of the date filing, the final order is reversed.

A summary suspension (or emergency suspension) must be issued by the DBPR Secretary or a legally appointed designee of the Secretary.

Appealing an order does not stop enforcement of the penalty. If the penalty would suspend or revoke a license, however, the court will normally grant supersedes (stay suspension) as a matter or right on conditions considered reasonable.

Your license can be denied for many reasons and license means registering, certifying, and applying.

You can be minimally denied by failing to properly fill out your application, neglecting to pay fees,  neglecting to correct errors on messed up application, and failing to complete the exam. More serious denials are: lack minimum qualifications, do not meet the character of chapter 455 and 475, cannot deal with the general public, or someone complained to the FREC or DBPR about you, is currently being disciplined by the chapter 475, or cheated on the exam. If you are denied twice you can appeal to the DOAH but the state law cannot force anyone to license you.

You can get your license suspended for up to 10 years. Suspension is temp not perm. Unlawful acts = suspension. Unlawful means suspension, discipline, or revoking. ON your second suspension you can get your license, certification, application, or permit revoked. Even if you're suspended you have to go on. Don't give up. The worst that could happen is an FREC revoke of your license. and you can't get it back. Revocation is permanent. You are put of the real estate business when your license is revoked. You can still get your license back if you just failed to take the post licensing or continuing license education or if your app. contained fraud information. If you commit fraud you have to wait 5 years. If you lie you get a $5000 fine and a revoking or suspension of your license. If your license is suspended you get an involuntary inactive mark. A corp whose broker suspended get a to regroup and reapply for licensure to keep that specific corp going.
If the Commission makes a mistake and gives you a license they can take it back called revoked or cancelled. You can apply again because they messed up.

If you violate the real estate license law, you can be penalized in three ways. 1. administrative. 2. civil. 3. criminal.
Administrative: of or relating to the running of a business, organization, etc. Civil: of or relating to ordinary citizens and their concerns, as distinct from military or ecclesiastical matters. Criminal: a person who has committed a crime.



misdemeanor WITH UP TO $500 FINE AND 60 DAYS IN JAIL IS NOT COMPLYING WITH THE CHAPTER 475. A CORPORATION CANNOT BE IMPRISONED. imprisonment MUST BE DECIDED IN A COURT OF LAW BECAUSE FREC CANNOT JAIL YOU.

First degree misdemeanor is not giving accurate information about a rental. $1000 fine and up to 1 year in jail. Three types of penalties, administrative, civil and criminal.
Unlicensed activities result in fines of $5000 each.

Unlicensed Practice of Real Estate

The secretary of the DBPR assigns a probable cause panel and a hearing officer to hear cases of unlicensed activity. The DBPR can issue fines of up to $5,000 per count to a person it finds guilty of unlicensed activity.

"The DBPR may issue a cease and desist order to an unlicensed person who has violated F.S. 475, F.S. 455, or any other statute relating to the practice of real estate. The DBPR may also file a proceeding in the name of the state requesting the circuit court to issue an injunction or a writ of mandamus ordering the unlicensed activity to stop. If the person found guilty of unlicensed activity refuses to pay a fine issued by the DBPR, it may seek enforcement of the penalty through a civil court. The DBPR must refer any criminal matters to the state attorney's office. The state attorney may institute criminal prosecution against an unlicensed person. It is a felony of the third degree for a person to perform real estate services for compensation without a real estate license. The criminal penalty for a third-degree felony is a fine of not more than $5,000 and/or up to five years in jail."

Report unlicensed activity: http://www.myfloridalicense.com/dbpr/reg/UnlicensedActivity.html

Falsifying a DBPR application is a third degree felony.

List of fines and disciplinary guidelines: https://static.knowledgehub.com/assets/2d/c1/DisciplinaryGuidelines.pdf.Print and put on wall.

Fine: up to $5000 for each violation

Letter of reprimand: description of minor misconduct

Citation: ranges from $100 to $500

Probation: period requiring education courses

Notice of noncompliance: warning, 15 days to correct
A licensee has 15 days to take action to correct a violation stipulated in a notice of noncompliance. Failure to take corrective action may result in a fine or other disciplinary penalties.
 All imprisonment penalties must be obtained in a court of law because the Commission lacks the authority to assess such penalties.

You can get an administrative penalty for a violation of the rules and regulations.  Your license can be denied, not updated, revoked, suspended less than 10 years, fined less than $5,000 for each violation of 455 and 475. You can be on probation, reprimanded, or penalized form completing further education. You might have to go back to school to get your license back. The DBPR will investigate and decide. If you get a notice of noncompliance the dbpr and frec know you messed up. If a sales associate serves as a broker: notice of noncompliance. Broker puts the wrong office sign or doesn't register a trade name: notice of noncompliance. Also, not signing the reconciliation of the escrow account. You will get a citation for messing up: 

notice of noncompliance

Issued for a first-time minor violation. Violations that warrant a mere notice are: minor violations that endanger public health, safety. and welfare and do not demonstrate a serious inability to practice the profession. 

citations

Fines for violations that have been specified in the citation rule for which there is no substantial threat to the public health, safety, and welfare.

Examples: 

not saying you are licensed and selling a property by owner, $100- $500, not disclosing your current address, not getting written agreement for placing party money in an interest bearing escrow. A citation is a ticket. The DBPR investigator auditors give these citations. You have 30 days to accept or reject your violation. If you do not dispute then the case is closed. If you do dispute you must dispute in writing, and wait for a formal hearing to state your case. A citation can be dismissed. You get an administrative complaint if you do not pay your citation. You cannot ignore a citation.

The FREC can issue administrative complaints but cannot go as far as to jail you. Also, the FREC cannot issue restitution on an injured party. the restoration of something lost or stolen to its proper owner. the restoration of something lost or stolen to its proper owner. A party who is damaged can seek law in courtroom for restitution. The FREC is not the court of law. The FREC is administrative.

FREC ADMIN:
-deny your application and deny your license. -mail you a letter of reprimand describing an incident of misconduct, mail you a letter of guidance. -a notice of noncompliance (warning for a minor violation) in which you have 15 days to make right. -citation no threat to society and $100 - $500. -probation makes the license continue real estate but perform the way the FREC says until the probation is over. If you violate chapter 455 and 455 you get up to $5000 fine for each violation. They can suspend or revoke your license for up to 10 years. And they can permanently revoke your license unless continuing education and application exceptions apply.

THE DEPARTMENT CAN REISSUE A LICENSE ONCE THE LICENSE FIXES ALL THE WRONGDOING.
THE COURT CAN TAKE AWAY YOUR SALES COMMISSION IF YOU PERFORMED REAL ESTATE SERVICES WITHOUT A LICENSE.

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS. Chapter 475 
REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS. CHAPTER 475

REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS.  PART I

REAL ESTATE BROKERS, SALES ASSOCIATES, AND SCHOOLS

(ss. 475.001-475.5018) PART II

APPRAISERS

(ss. 475.610-475.631) PART III

COMMERCIAL REAL ESTATE SALES COMMISSION LIEN ACT

(ss. 475.700-475.719). PART IV

COMMERCIAL REAL ESTATE LEASING COMMISSION LIEN ACT

(ss. 475.800-475.813). PART I

REAL ESTATE BROKERS,
SALES ASSOCIATES, AND SCHOOLS

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS Chapter 455 

BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS. CHAPTER 455

BUSINESS AND PROFESSIONAL REGULATION: GENERAL PROVISIONS

 

1. A complaint is filed with the DBPR, which starts the complaint process. A complaint is alleged violation of the rules. Innocent until proven guilt right? All complaints will be investigated if they are sufficient and in writing to the DBPR. Legally sufficient means that a law, statute, or rule was violated. FL statute, DBPR rule and FREC rule. You don't to be licensed to file a complaint, everyone can file a complaint. A licensee, unlicensed person, and applicant. Don't violate chapter 475. A complaint doesn't have to be real estate and doesn't have to be in Florida because DBPR provides uniform code. A complaint can be anonymous or confidential. A complaint against someone can be filed by a consumer.
   
   DBPR 0070 – Uniform Complaint Form Instructions
   STATE OF FLORIDA
   DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
   Uniform Complaint Form Instructions http://www.myfloridalicense.com/dbpr/dbpr/le_portal/dbpr-0070-1.pd http://www.myfloridalicense.com/dbpr/