EXAM QUESTIONS AND ANSWERS
Division of Service Operations two (2): - Answer- 1. *The Customer Contact
Center* handles all incoming telephone, postal, and email inquiries from licensees
and the general public.
2. *The Central Intake Unit* processes all the license applications and license fees
that come into the DBPR. The Central Intake Unit is also responsible for the
issuance of all licenses and license renewal notifications for the Department.
Division of Florida Condominiums, Timeshares, and Mobile Homes - Answer-
Provides consumer protection for Florida residents through education, complaint
resolution, mediation and arbitration, and developer disclosure.
The Division of Florida Condominiums, Timeshares, and Mobile Homes is also
charged with providing an *arbitration program* to handle recall and election
disputes for homeowners associations (HOAs).
The DRE's: *Ministerial duties* - Answer- Involve record-keeping.
Important facts concerning the DRE are as follows:
--. Florida statute mandates that the DRE offices and the principal office of the
Commission be located in *Orlando, Florida*.
-- The director of the DRE is appointed by the secretary of the DBPR, subject to
approval by majority vote of the FREC. The director is a senior employee charged
with the direct service assistance to the Commission.
-- The DBPR employs all DRE personnel to support FREC activities.
The Florida Real Estate Commission (FREC) consists of seven (7) members: -
Answer- -- *Five* of the members are professional (licensed) members, of which:
*four* must be Florida real estate *brokers* who have held active licenses during the
five years preceding appointment; and *one* must be either a Florida real estate
broker or sales associate who has held an active license during the two years
preceding appointment.
-- *Two* remaining members are *consumer* (unlicensed or lay) members who have
*never* been real estate brokers or sales associates.
, -- At least *one* of the seven members must be *60 years of age or older.*
The Florida Real Estate Commission members are paid ______ per day for official
Commission business. - Answer- $50 per day
The powers and duties of the FREC fall into three (3) general areas of responsibility:
- Answer- 1. Executive
2. Quasi-legislative
3. Quasi-judicial
1. Executive - Answer- Powers to regulate and enforce the license law are
delegated to the Commission by the legislature.
*Foster the education of applicants and licensees*. The Executive powers include
publication of educational materials.
*Adopt a seal*. The seal, when affixed to rules, regulations, or other official
documents, properly signed, becomes *prima facie evidence* that the document is
authentic.
*Establish fees*. The Commission uses the DBPR estimates of required revenue to
determine the amount of licensing fees needed to implement the real estate license
law and other laws and regulations relating to the regulation of real estate
practitioners.
2. Quasi-legislative - Answer- the power to *enact and revise* administrative rules
and bylaws and decide questions regarding the practice of real estate.
-- *Create and pass rules and bylaws*. The Commission *promulgates (adopts)*
rules that enforce the Florida statutory license law.
-- *Regulate professional practices*. For example, when requested and deemed
appropriate, the Commission may issue an escrow disbursement order (EDO) to
determine the disposition of escrow (earnest money) deposits in the case of a
dispute when requested by the broker holding the escrowed funds.
The Commission also establishes rules to support regulations requiring that records
be maintained by brokers and the manner in which deposits of money, funds,
checks, or drafts are to be made in escrow, pending disbursement.
3. Quasi-judicial - Answer- The power to *grant or deny license applications*, to
determine license law violations, and to administer penalties.