Unit 3: Real estate license law and commission rules
The Florida Real Estate Commission
The Florida Real Estate Commission (FREC) sits inside the Department of Business and Professional Regulation (DBPR). The department handles the paperwork side of licensing; the commission sets the rules of the profession and decides discipline.
Who sits on the commission
Fla. Stat. 475.02(1) sets the makeup. There are seven members, appointed by the Governor and confirmed by the Senate.
| Seats | Qualification |
|---|---|
| 4 | Licensed brokers who have held an active license for the 5 years before appointment |
| 1 | A licensed broker or licensed sales associate with an active license for the 2 years before appointment |
| 2 | People who are not, and never have been, brokers or sales associates |
On top of that, at least one member must be 60 or older. The two never-licensed members are there to bring the consumer's point of view.
Members serve 4-year terms (475.02(2)).
What the commission can do
- Make rules. Under 475.05, FREC can adopt bylaws for itself and rules to carry out Chapter 475. Those rules are collected in Florida Administrative Code Chapter 61J2, which is where most of this unit's details come from.
- Decide questions of practice that come up in its proceedings.
- Educate. Under 475.04, FREC must work to advance the education of licensees, and may offer, sponsor, prescribe or approve courses. That is the basis for the pre-licensing, post-licensing and continuing education requirements in the next lessons.
- Delegate. Under 475.03(1), the commission may pass most of its powers to a single member by resolution, but not its disciplinary powers or its power to adopt rules. Those stay with the full commission.
Exam tip: memorize the numbers 7, 4, 1, 2, 60 and 4. Seven members; four 5-year brokers; one 2-year broker or sales associate; two never-licensed members; one member 60 or older; 4-year terms.
Knowledge check
Part 1 of 2. Finish to earn XP.
Sort each seat on the commission by the qualification it requires.
Drag each item to its group, or tap an item and then tap a group.
4 seats
1 seat
2 seats
Active broker for the past 5 years
Active broker or sales associate for the past 2 years
Never licensed in real estate