Real estate broker Jennifer receives a formal complaint from FREC regarding alleged license law violations. She fails to respond to the administrative complaint within the required time period. FREC proceeds with disciplinary action and ultimately suspends her license. Jennifer later wants to challenge this decision. What is her legal recourse?
Correct Answer
C) Seek judicial review in the appropriate Florida District Court of Appeal
After FREC issues a final order, the licensee may seek judicial review in the appropriate Florida District Court of Appeal under F.S. 120.68. This is the proper appellate procedure for challenging FREC's final administrative decisions. Option A is incorrect because appeals don't go directly to the Florida Supreme Court. Option B is incorrect because once a final order is issued, the time for requesting a hearing has passed. Option D is incorrect because DBPR oversees FREC but doesn't review final orders.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
In Wyoming real estate practice, a first-time salesperson applicant completes coursework. What should the licensee remember?
A Wyoming licensee is reviewing an out-of-state salesperson applicant prepares for testing. What is the best answer?
In Wyoming real estate practice, a salesperson applicant age is reviewed. What should the licensee remember?
A responsible broker in Wyoming asks about a nonresident applicant provides home-state evidence. Which answer follows Wyoming law?
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