Questions and Answers
What does Florida Statute 20 establish?
The structure of the executive branch of Florida's government.
What is the main purpose of Florida Statute Chapter 475?
To establish the legal rights and responsibilities of real estate licensees and real estate appraisers.
Which part of Chapter 475 pertains to real estate brokerage?
What does Chapter 455 of Florida Statutes concern?
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An individual can be disqualified from practicing real estate in Florida solely because they are not a US citizen.
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What does Florida Statute 120 define?
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What is the purpose of Chapter 61J2?
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What does the term 'DBPR' stand for?
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The DBPR has authority to require real estate licensees to notify them of any conviction.
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Study Notes
Florida Statute 20
- Establishes the organizational structure of Florida's executive branch.
- Florida Constitution delineates three government branches: legislative, executive, and judicial.
- Executive branch carries out laws and policies set by the legislature.
- The Department of Business and Professional Regulation (DBPR) falls under the executive branch.
Florida Statute Chapter 475
- Known as the Real Estate Professional Practice Act, governs real estate licensees and appraisers.
- Divided into four parts:
- Part One: Focuses on real estate brokerage. Regulated by the Florida Real Estate Commission (FREC).
- Part Two: Concerns real estate appraisers and their licensing requirements, overseen by the Florida Real Estate Appraisal Board (FREAB).
- Part Three: Includes the Commercial Real Estate Sale Commission Lien Act, providing brokers lien rights for earned commissions, applicable solely to commercial properties.
- Part Four: Addresses the Commercial Real Estate Leasing Commission Lien Act, granting brokers lien rights for earned commissions from leasing arrangements.
Florida Statute Chapter 455
- Outlines general provisions for business and professional regulation by the DBPR.
- Section 455.10 prohibits discrimination based on US citizenship for regulated professions.
- Contains information on commission organization, meetings, compensation, and unlicensed practices.
- Sets forth licensing exam requirements and mandates discipline for noncompliance from licensees.
Florida Statute 120
- Known as the Administrative Procedure Act, defines the procedural methods for agency actions.
- Covers the licensing and disciplinary processes for real estate licensees.
Chapter 61J2
- Comprises the rules established by FREC per the rule-making process of Chapter 120.
- Detailed administrative rules are published in the Florida Administrative Code (FAC).
- Expands on statutory provisions from Chapter 475 with practices specific to the real estate profession.
Chapter 20 Florida Statute
- Refers to the executive branch of the Florida state government.
Chapter 475 Part 1 Florida Statute
- Governs the activities of real estate brokers, sales associates, and related educational institutions.
Chapter 455 Florida Statute
- Addresses the DBPR and the various professions regulated under its authority.
Chapter 120 Florida Statute
- Encompasses the procedural framework for government entities as defined by the Florida Constitution.
Chapter 61J2 Florida Administrative Code
- Specifies the rules enacted by the Florida Real Estate Commission.
Misconception Regarding DBPR Notification
- The claim that the DBPR requires real estate licensees to inform them of criminal convictions only if related to real property is false.
- Under Chapter 455, licensees must notify DBPR of convictions, regardless of the crime's nature.
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Description
Test your knowledge on the organizational structure of Florida's government with these flashcards. Chapter 2 focuses on Florida statute 20 and its implications for the executive branch's functioning. Ideal for real estate students looking to master key concepts.
