Quick Answer: What action may be taken if either the Florida real estate Commission?

What action may be taken if either the Florida real estate Commission or the licensee disagrees with a recommended order submitted by the administrative law judge?

(d) File an appeal with the District Court of Appeal. If the licensee does not agree with the final order of the Commission, a petition for review may be filed with the Florida District court of Appeals within 30 days of the final order.

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What is the next step after a legally sufficient complaint has been filed and the DBPR has investigated it?

If the investigation concludes that there is sufficient evidence to prosecute the allegations, the DBPR will tender its report, findings, and recommendation to the PCP, which will decide if probable cause exists to file a formal complaint.

What is the maximum penalty that may be imposed upon an individual who is found guilty of unlicensed real estate activity?

For unlicensed persons conducting activities requiring a license, the maximum fine amount is $2,500 per unlicensed act.

When a complaint is investigated by the DBPR it must be legally sufficient legally sufficient means?

The DBPR may investigate an anonymous complaint or one made by a confidential informant if the complaint is in writing and is legally sufficient;if the alleged violation of law or rules is substantial;and if the Department has reason to believe, after preliminary inquiry, that the alleged violations in the complaint …

What is the purpose of the disciplinary guidelines?

The purpose of disciplinary action is to correct, not to punish, work related behavior. Each employee is expected to maintain standards of performance and conduct as outlined by the immediate supervisor and to comply with applicable policies, procedures and laws.

What is the Florida real estate Recovery Fund quizlet?

The Real Estate Recovery Fund was established to reimburse those judged by a Florida court to have suffered significant monetary damage in a real estate transaction as a result of the acts of a real estate licensee. No punitive damages may be collected from the fund.

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When May brokers make a claim against the Florida real estate Recovery Fund?

The time period is also an important factor when an injured party makes a claim to the Real Estate Recovery Fund. The party has 2 years from the time the violation occurred or 2 years from when the violation was discovered. If the violation is over four years, no claim can be made.

When a complaint is filed against a real estate licensee in Florida who or what entity is responsible for investigating the complaint?

The licensee must appeal within 30 days to the District Court of Appeals. What Florida agency is responsible for investigating real estate complaints? DBPR: If the complaint is in writing and signed by the complainant, the DBPR is charged with the responsibility of investigation.

What is legally sufficient complaint?

A complaint is legally sufficient if it contains ultimate facts that show that a violation of this chapter, of any of the practice acts relating to the professions regulated by the department, or of any rule adopted by the department or a regulatory board in the department has occurred.

What’s the greatest penalty an unlicensed individual who’s found guilty of practicing licensed real estate activities in Florida may be fined?

If convicted of Unlicensed Practice of Real Estate in Florida, a judge can impose any combination of the following penalties: Up to five (5) years in prison. Up to five (5) years of probation. Up to $5,000 in fines.

What is the maximum reimbursement that can be paid from the Florida real estate recovery fund for a single Judgement?

The aim of the Recovery Fund is to provide “for the reimbursement of persons who suffer monetary losses because of the unscrupulous acts of licensed brokers or salespersons.” 3 The Recovery Fund can reimburse damaged homebuyers up to $50,000, or an amount equal to an unsatisfied portion of a claimant’s judgment against …

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What type of penalty would be assessed for a serious violation quizlet?

a serious violation can carry a civil penalty of not more than $7,000.00 for each violation in which there is a substantial probability that death or serious physical harm could occur. also carries maximum civil penalty of up to $7,000.00 for each violation. You just studied 9 terms!

How do I file a complaint with the Florida DBPR?

State Agency

For information on the filing of complaints with DBPR, please call 305-513-3437. In order to register your complaint, please complete the complaint form, with signature and seal from a Notary Public.

What can happen if the DBPR uncovers a serious violation or criminal act during its investigation of a licensee?

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. (A summary suspension can only be issued by the DBPR Secretary if a licensee’s actions are considered dangerous to the public at large)

What does the Florida Department of Business and Professional Regulation do?

The Department of Business and Professional Regulation is the agency charged with licensing and regulating State of Florida businesses and professionals, such as cosmetologists, veterinarians, real estate agents and pari-mutuel wagering facilities.