BOB HOGUE UNIT 2 LICENSE LAW AND
QUALIFICATIONS FOR LICENSURE
EXAM QUESTIONS WITH COMPLETE
ANSWERS
In what year did the Florida Legislature pass the Real Estate License Law, Chapter 475
of the Florida Statutes? - Answer-1923
In what year did the Florida Legislature create the Florida Real Estate Commission to
administer and enforce the license law? - Answer-1925
What did the Florida Legislature grant the Florida Real Estate Commission authority to
do? - Answer-Keep records, conduct investigations, and the power to grant, deny,
suspend, and revoke licenses.
The Florida Real Estate Commission is also called the _________ or the ____. -
Answer-Commission / FREC
Today, the Division of Real Estate (DRE) provides support services to the Commission.
The DRE is under the ____ ____ ____ ____. - Answer-Department of Business and
Professional Regulation (DBPR)
Chapter 20, Florida Statute - Answer-Governs the executive branch of Florida
government. Organizational Structure, establishes the structure of the executive branch
of Florida's government. The Florida Constitution provides for the legislative, executive,
and judicial branches of government. The executive branch executes the programs and
policies adopted by the Legislature. The policies are implemented by the departments of
the executive branch, including the Department of Business and Professional
Regulation (DBPR).
Chapter 475, Florida Statute - Answer-Governs real estate brokers, sales associates,
and schools.
This law is often called the Real Estate Professional Practice Act. Chapter 475 was
created by the Florida Legislature to establish the legal rights and responsibilities of real
estate licensees and real estate appraisers. Chapter 475 is divided into four parts.
Part I pertains to real estate brokerage. Real estate licensees are responsible for
knowing the provisions of this chapter. The Florida Real Estate Commission (FREC)
implements, interprets, and enforces the regulatory provisions of Chapter 475.
, Part II of Chapter 475 pertains to real estate appraisers and sets forth the requirements
for licensed and certified appraisers according to federal statute. The Florida Real
Estate Appraisal Board (FREAB) regulates state-certified, licensed, and registered
trainee appraisers. The FREAB functions very similarly to the Florida Real Estate
Commission (FREC). Both quasi-judicial bodies follow the same procedures for
disciplining licensees.
Part III of Chapter 475, the Commercial Real Estate Sales Commission Lien Act, gives
a broker lien rights for earned commission. This act applies only to commercial property
(not residential property). The lien is only against the owner's net proceeds (personal
property) from the sale and does not attach to the commercial real property (also see
"Liens on Real Property" in Unit 5).
Part IV of Chapter 475, the Commercial Real Estate Leasing Commission Lien Act,
gives a broker lien rights for earned commission associated with a brokerage
agreement to lease commercial real estate.
Chapter 455, Florida Statute - Answer-Governs the DBPR and the professions under
the department
General Provisions, defines the general legal practice and procedure for the DBPR and
the licensees of all professions regulated by the DBPR, including real estate. Section
455.10 of the statute provides that an individual cannot be disqualified from practicing
an occupation or profession regulated by the State of Florida solely because the person
is not a U.S. citizen. Another section of this statute sets forth laws regarding
Commission and board organization, meetings, compensation, and so forth. This statute
also concerns the unlicensed practice of a profession, including real estate.
Requirements concerning license examinations and the use of professional testing
services are set forth in Chapter 455. This law also mandates what actions the DBPR
may take in regulating licensees. Licensees who fail to comply with the provisions of this
chapter can be disciplined by the FREC.
Chapter 120, Florida Statute - Answer-Governs procedural process for all governmental
entities authorized under the Florida Constitution
The Administrative Procedure Act defines the procedural process by which regulatory
agencies decide and implement agency action. The licensing and disciplinary process
for real estate licensees is outlined in this chapter.
Chapter 61J2, Florida Administrative Code - Answer-Governs the Florida Real Estate
Commission Rules.
Outlines the rules of the Florida Real Estate Commission. It is a set of administrative
rules developed by the Florida Real Estate Commission, pursuant to the rulemaking
process outlined in Chapter 120, Florida Statutes. Administrative rules are published in
the Florida Administrative Code (FAC).(Appraisal rules are in Chapter 61J1 of the FAC.)
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