Once
the Commission certifies that an applicant has met all of the
licensure requirements, a license is issued by the Department
of Business and Professional Regulation (DBPR).
The professional ethics and business practices of the licensee
are under the jurisdiction of the Florida Real Estate Commission
(FREC). FREC may refuse to certify for licensure any applicant
who has violated any of the provisions of Section 475.42, F.S.,
and may discipline under Section 475.25, F.S.
ACADEMIC
REQUIREMENTS
Any person who wishes to qualify for a real estate license must
first successfully complete the academic requirements prescribed
by FREC. Commission-approved prelicensing courses are offered
by the accredited Palm Beach School of Real Estate. Florida
Administrative Rule 61J2-3.008 requires that at the beginning
of each course, the institution or school offering FREC Course
I (for salespersons) or FREC Course II (for brokers) full informs
students of the prescribed standards and requirements for the
course.
APPLICATION
REQUIREMENTS
A person desiring to be licensed must apply on a form furnished
by the Division of Real Estate (DRE). The form must be completed
in every respect and be notarized. Applicants are cautioned
to complete the application carefully, particularly with respect
to past history concerning felonies, misdemeanors, and traffic
offenses (other than parking, speeding, inspection, or traffic
signal violations). When responding regarding past history (background
information section on application), applicants who have been
convicted of a crime, found guilty, or entered a plea of guilty
or nolo contendre (no contest), even if adjudication was withheld,
should attach full details of all cases with dates and outcomes,
including any sentence and conditions imposed. Failure to truthfully
disclose this information may result in denial of a real estate
license, or in cases where a license has already been issued,
it may result in revocation of the license.
Regulations
Pertaining to Prelicense Courses
The
application must be accompanied by a current FBI fingerprint
card properly filled out, and the required fee. The notice of
satisfactory completion of the prescribed course (grade report)
may either be forwarded with the application or be presented
at the examination site before taking the exam.
A
30-day period is allowed after receipt of the application to
check for errors and omissions and to notify the applicant of
any additional information required. An applicant's failure
to supply additional information cannot be grounds for denial
of a license unless the applicant was notified within the 30-day
period. Any application for a license that is not approved or
denied within legislated time periods must be considered approved.
An applicant must be informed of approval or denial within 90 days after receipt of the last correctly submitted application.
Once
the application has been processed, a thorough investigation
of the applicant will be conducted, including processing the
applicant's fingerprints. When the application processing is
complete and the applicant is considered qualified, the DRE
notifies the national testing vendor. The vendor then sends
a notice informing the candidate that he or she is eligible
to take the state license examination. Examination appointments
are scheduled directly through the testing vendor. Applicants
must pass the appropriate state license exam with a grade of
75 or higher within two years of successfully completing the
course. Failure to pass the state exam within that period renders
the required course invalid for satisfying the academic qualification
for licensure. According to Florida Statute, applications expire
one year from the date that the DRE receives them; however,
applications are currently being honored for two years. The
DBPR is in the process of drafting language to revise the statute
to reflect two years.
Examinees'
answers are graded at the test site and the student is given
a grade notice at that time. The grade notice includes pass/fail
information, and failure notices include a breakdown of the
points scored in each major subject area. The initial inactive
license is mailed directly to the licensee following notification
of a passing score. A salesperson applicant may legally begin
to operate as a licensee once the applicant has notified the
DRE of his or her employer's name and address by filing the
appropriate form with the DRE. Examinees may file the form with
the vendor at the test site.
Failure
notices must include information about retaking the exam, reviewing
the exam, and requesting a hearing to challenge the exam. Applicants
are legally entitled to review their most recent exam. The applicant
reviews the exam at the exam site by scheduling an appointment
with the national test vendor. A review fee is paid directly
to the test vendor. The applicant may review only those questions
he or she answered incorrectly. All examination reviews by applicants
must be scheduled and completed no later than 60 days following
the date on the grade notice. If after the review the applicant
wishes to file an objection, he or she may submit, in writing,
specific objections to any of the exam questions for consideration
by the FREC Validation Committee. The objection must be filed
within 30 days of the exam review date.
An
applicant may also petition for a formal hearing before the
Division of Administrative Hearings. The applicant has 21 days
from the date on the grade notice, or from the date the candidate
reviewed the exam, if applicable, to request a hearing. The
hearing must be filed with the Chief, Bureau of Testing, DBPR.
Nonresident
application requirements. US citizenship is not required
for applicants; furthermore, applicants may be nonresidents
of Florida. If a nonresident applicant or licensee wishes to
become licensed in Florida, he or she must sign the irrevocable
consent to service section on the application form. This
agreement provides that lawsuits and other legal actions may
be initiated against the applicant in any county of Florida
in which the person bringing the suit resides. The notarized
consent includes the provision that any legal service or pleading
against the applicant may be made by the delivery or by certified
mail, return receipt requested, to the director of the DRE,
with a copy to the applicant by registered mail. Nonresident
applicants and licensees must comply with all other FS> 475
requirements and FREC rules. Any resident licensee who becomes
a nonresident must notify the Commission within 60 days of the
change in residency and comply with all nonresident requirements.
Failure to notify the Commission subjects the licensee to penalties
cited in Section 475.25 F.S. Nonresident licensees must satisfactorily
complete the post-licensing and continuing education requirements
required of all Florida real estate licensees.
Mutual
recognition agreements. FREC may enter into mutual recognition
agreements with other licensing authorities. The intent of these
agreements is to recognize the education and experience that
real estate licensees have acquired in another state or nation.
These agreements apply exclusively to nonresidents licensed
in other jurisdictions. Each licensee who applies for Florida
licensure from a state or jurisdiction that has a current mutual
recognition agreement with Florida must take and pass a written
Florida-specific real estate law examination (a prelicense course
is not required of these candidates). The exam consists of 40
questions worth 1 point each. A grade of 30 points or higher
is required to pass the exam. The mutual recognition agreements
also ensure that Florida licensees have equal opportunity for
licensure in those jurisdictions with which agreements are concluded.
FREC has entered into mutual recognition agreements with ten
states: Alabama, Arkansas, Colorado, Georgia, Indiana, Kentucky,
Mississippi, Nebraska, Oklahoma and Tennessee.
Florida
resident defined. For application purposes, FREC rules define
a resident of Florida as a person who has resided in Florida
continuously for a period of four calendar months or more within
the preceding year, regardless of whether the residence was
a recreational vehicle, hotel, rental unit, or other temporary
or permanent location. Any person who presently resides in Florida
in any of the above-described accommodations with the intention
of residing continuously in Florida for four months or longer,
beginning on the date the person established the current period
of residence, is also a legal Florida resident.
• SALES
ASSOCIATE QUALIFICATIONS FOR LICENSURE
• BROKER
REQUIREMENTS
• REGISTRATION
AND LICENSURE
• POST-LICENSING
EDUCATION
• CONTINUING
EDUCATION
• REAL
ESTATE SERVICES
• INDIVIDUALS
WHO ARE EXEMPT FROM LICENSURE
• 28-Hour Reactivation Course
Information
reproduced from Gaines & Coleman: Florida Real Estate Principles,
Practices & Law by Linda L. Crawford produced by Dearborn
Real Estate Education.
