Chapter 6: Complaints, Violations & Penalties

Concerns violations that are of no substantial threat to the public involving a fine that currently fanges from $100 to $500

alleged violation of a law or rule

Hears the formal hearings

FREC's Final Decision

• Informal - Issued by FREC
• Formal- Issues by FREC with guidance from a judge

Disputing the charges and being prosecuted by DOAH

• Must admit to facts
• Speeds up the disciplinary actions

if it contains facts indicating that a violation has occured

typically issued for a 1st time offense of a minor violation

Legal Process to request a person or documents in court

Assigned to investigate functions related to Real Estate

• Filing the Complaint
• Investigation
• Probable Cause
• Formal Complaint
• Informal or Formal Hearing
• Final Order
• Judicial Review

Complaint must me legally sufficient and contain facts a violation has occured

Typically issued a notice of non-compliance

DRE Investigates

Extreme Situations call for a summary of suspension

Panel- 2 or more former members of FREC

Reasonable Grounds for Prosecution

If Probable Cause is found: FREC must give a timely written notice to employer

• Occurs if Probable cause is found
• Licensee may:
• - not dispute and request informal hearing
• - Dispute and request a formal hearing
• - not dispute and waive right to be heard
• - may agree on statements with stipulations

May challenge order w/in 30 days if appealed

• Neglecting to answer all questions completely on the application
• Neglecting to pay fees
• Neglect to correct errors on returned apps
• Failing to pass exam
• Lacked qualification
• Do not possess Character
• Do not possess general competence
• Guilty of acts that would result in revocation of suspension
• Acted in violation of FS 475
• Receive assistance or cheat on the exam

Any Illegal Acs

Can only suspend for up to 10 yrs

Permanent Penalty

• file with false or fraudulent info
• Lic issued through mistake of counsel

• Denies application
• Letter of Reprimand
• Notice of non-compliance
• Citation
• Probation
• Fine Suspension
• Revocation

Enforced by a court if real Estate services are performed w/o a license

• 2nd Degree Misdemeanor
• - any violation of FS 475 -- $500 fine and up to 60 days in jail

• 1st Degree Misdemeanor
• - Failing to provide accurate and current rental info for a fee -- $1000 fine & up to 1 yr in jail

• 3rd Degree Felony
• - unlicensed practice of Real Estate--Fine up to $5000 per count & up to 5 yrs in jail

to reimburse any person, partnership, or corp judged by FL to have suffered monetary damages as a result of an act committed by a broker or agent

Claim must be made w/in 2 yrs of alleged violation

Payments limited to 50k or unsatisfied portion of damages

for broker or agents it is limited to 150K- can not be relieved of fine via bankruptcy

Breaking of a promise or obligation

Mix money

unauthorized control or use of another personal property

Failing to use care a reasonable person would

Failing to pay money owed

Intentional deceit for the purpose of inducing another to rely on information to part with some valuable thing

Information that is relevant to a person making a decision and that affects the value of the real property

Untrue Statement of Fact

Conduct contrary to honesty, good morals, justice, or accepted custom.