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The Florida Real Estate Commission 2

FLORIDA REAL ESTATE SALES ASSOCIATE COURSE

License Law And Commission Rules

Section 7 of 15

The Commission has its own lawyer to give legal advice during meetings and hearings. This attorney is an Assistant Attorney General appointed by the State Attorney General (not the DBPR). This ensures the legal advice is independent from the investigators who prosecute the cases.The Commission meets monthly at the DRE headquarters in Orlando. To conduct business, there must be a quorum, which means at least 4 members must be present (51% of 7).The FREC is powerful because it holds three different types of authority. Think of it like a mini-government:1) Executive Powers (Getting things done) These are the powers to regulate and enforce the law. Foster Education: Creating educational standards.Adopt a Seal: Official documents are stamped with the FREC seal (which makes them prima facie evidence). Establish Fees: Determining how much you pay for your license.2) Quasi-Legislative Powers (Making the rules)"Quasi" means "sort of." The FREC isn't the Legislature, but they can make rules that have the force of law. Promulgating Rules: They create the specific rules (Chapter 61J2) that clarify the broad statutes passed by the politicians. Regulating Professional Practices: Deciding specifically what agents can and cannot do.3) Quasi-Judicial Powers (Being the Judge). This is the power to decide the fate of licensees.Grant or Deny Applications: They decide who gets a license. They can suspend, revoke, or fine you for breaking the rules. Determinations of Violations: They listen to the evidence and decide if you are guilty or innocent.
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