Chapter 6: Complaints, Violations & Penalties

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Chapter 6: Complaints, Violations & Penalties
2011-06-17 14:20:16
Real Estate

Chapter 6: Complaints, Violations & Penalties
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  1. Citation
    Concerns violations that are of no substantial threat to the public involving a fine that currently fanges from $100 to $500
  2. Complaint/ Compliantant
    alleged violation of a law or rule
  3. Division of Administrative Hearings (DOAH)
    Hears the formal hearings
  4. Final Order
    FREC's Final Decision

    • Informal - Issued by FREC
    • Formal- Issues by FREC with guidance from a judge
  5. Formal Hearing
    Disputing the charges and being prosecuted by DOAH
  6. Informal Hearing
    • Must admit to facts
    • Speeds up the disciplinary actions
  7. Legally Sufficient
    if it contains facts indicating that a violation has occured
  8. Notice of Non -compliance
    typically issued for a 1st time offense of a minor violation
  9. Supoena
    Legal Process to request a person or documents in court
  10. Division of Real Estate
    Assigned to investigate functions related to Real Estate
  11. Complaint Process
    • Filing the Complaint
    • Investigation
    • Probable Cause
    • Formal Complaint
    • Informal or Formal Hearing
    • Final Order
    • Judicial Review
  12. Filing the Complaint
    Complaint must me legally sufficient and contain facts a violation has occured
  13. 1st Time Offender
    Typically issued a notice of non-compliance
  14. Investigation
    DRE Investigates

    Extreme Situations call for a summary of suspension
  15. Probable Cause
    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
  16. Formal Complaint
    • 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
  17. Judicial Review
    May challenge order w/in 30 days if appealed
  18. Grounds for Denial
    • 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
  19. Grounds for Suspension
    Any Illegal Acs

    Can only suspend for up to 10 yrs
  20. Grounds for Revocation
    Permanent Penalty

    • file with false or fraudulent info
    • Lic issued through mistake of counsel
  21. Administrative Penalties
    • Denies application
    • Letter of Reprimand
    • Notice of non-compliance
    • Citation
    • Probation
    • Fine Suspension
    • Revocation
  22. Civil Penalities
    Enforced by a court if real Estate services are performed w/o a license
  23. Criminal
    • 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
  24. Real Estate Recovery Fund
    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
  25. Breach
    Breaking of a promise or obligation
  26. Commingle
    Mix money
  27. Conversion
    unauthorized control or use of another personal property
  28. Culpable Negligence
    Failing to use care a reasonable person would
  29. Failure to Account for and Deliver
    Failing to pay money owed
  30. Fraud
    Intentional deceit for the purpose of inducing another to rely on information to part with some valuable thing
  31. Material Fact
    Information that is relevant to a person making a decision and that affects the value of the real property
  32. Misrepresentation
    Untrue Statement of Fact
  33. Moral Trupitude
    Conduct contrary to honesty, good morals, justice, or accepted custom.