Complaints and investigations
Discipline against a Florida real estate licensee usually starts with a complaint. The steps are set out in Fla. Stat. 455.225, the general procedure the Department of Business and Professional Regulation (DBPR) uses for the boards it oversees, including the Florida Real Estate Commission (FREC).
What makes a complaint actionable
Under 455.225(1)(a), the department must investigate a complaint filed with it if the complaint is:
- In writing
- Signed by the complainant
- Legally sufficient
A complaint is legally sufficient if it contains ultimate facts showing a violation of Chapter 455, of the profession's practice act (Chapter 475 for real estate), or of a department or board rule. The department may ask for supporting information or documents to decide this. The statute sets no list of who may complain: it looks at what the complaint says, not who sent it.
The department may also open an investigation on its own when it has reasonable cause to believe a licensee has broken a statute or rule.
Anonymous complaints and withdrawn complaints
| Situation | What 455.225(1) allows |
|---|---|
| Anonymous written complaint | The department may investigate it if it is legally sufficient, the alleged violation is substantial, and a preliminary inquiry gives reason to believe the allegations are true. |
| Complainant withdraws | The department may still investigate and take final action. |
Notice to the licensee
The licensee under investigation must be promptly given a copy of the complaint and has 20 days after service to submit a written response. The response goes to the probable cause panel along with the investigative report.
Notice can be held back when the secretary (or a designee) and the board or panel chair agree in writing that notice would be detrimental to the investigation. No notice is required when the investigation concerns a criminal offense.
Protection for complainants and witnesses
Under 455.225(11), a complainant or witness has a privilege against civil liability for information provided during an investigation or proceeding. The privilege is lost if the person acted in bad faith or with malice. This lets consumers report problems without fear of being sued for an honest complaint.
Time limit
Under 475.25(5), an administrative complaint against a broker, broker associate or sales associate must be filed within 5 years after the act giving rise to it, or within 5 years after the act was discovered or should have been discovered with due diligence.
Keep the two "complaints" straight. The consumer's complaint starts an investigation. The administrative complaint is the formal charging document the department files later, after probable cause is found. The 5-year limit applies to the administrative complaint.
The next lesson follows the file from the investigative report through the probable cause panel and the hearing.