Bob Hogue Unit 2 License Law and
Qualifications for Licensure Exam
Questions and 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
Qualifications for Licensure Exam
Questions and 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
