Topic 1.4: Application Requirements

Learning Objectives

After successfully completing this topic, you will be able to
• state which criminal history disclosures the applicant must make, and
• describe the intent of the affirmation in the application for licensure.

License Fees

The applicant must pay an application fee, an initial license fee, an unlicensed activity fee, and a recovery fund fee. The applicant may pay by either by using the state’s online services or by mailing a personal check or money order.

License Fee Exemptions

Three categories of applicants may request the state to waive their initial licensing fee. [455.213 and 455.219, F.S].

• Low-income applicants who can show that their household income is at or below 130% of federal poverty guidelines.  
• Military personnel and their spouses including surviving spouses of an active-duty member.

• Military veterans and their spouses who apply for a real estate license within 60 months after an honorable discharge. The veteran and the spouse are also exempt from the application fee and the unlicensed activity fee.

Application Form

The applicant must respond accurately and completely to background information and make an affirmation.     

The applicant must sign the Affirmation

_______________________________________________________________________________

I certify that I am empowered to execute this application as required by Section 559.79, Florida Statutes. I understand that my signature on this written declaration has the same legal effect as an oath or affirmation. Under penalties of perjury, I declare that I have read the foregoing application and the facts stated in it are true. I understand that falsification of any material information on this application may result in criminal penalty or administrative action, including a fine, suspension or revocation of the license.

_______________________________________________________________________________

Criminal History Expunged? It is possible for criminal history to be expunged in Florida, especially those crimes committed by juveniles. Expungement is a separate legal process and is not automatic. Before affirming that you have no criminal history because you believe it was expunged from the public records, you should confirm with your attorney that the criminal record no longer exists.

Background Check Procedure

The applicant must submit fingerprints electronically. You must submit your fingerprints using a Livescan Service Provider registered with FDLE immediately after submitting your application for licensure. It may take up to five days for your fingerprint results to be received by the Department after they are submitted to the Florida Department of Law enforcement (FDLE).  Please note that the Florida Department of Law Enforcement requires that an application for licensure should precede the submission of your fingerprints.

Candidates must be sure to give the Originating Agency Identification (ORI) number to the vendor when submitting the fingerprints, or the DBPR will not receive the fingerprint results. For real estate sales associates and brokers, the ORI number is FL920010Z.

For more information about fingerprint requirements, see the Fingerprint FAQ page on DBPR’s web site.

Summary of applicants (SOAs)

Applicants who disclose any criminal history, license revocation, or disbarment are listed in a document called Summary of Applicants. The summary is presented as an agenda item at a FREC meeting. These applicants are not considered qualified for a real estate license unless special circumstances cause the FREC to believe the person will not present a danger the public. In situations where the offenses were more serious, the Commission may require the applicant to attend the meeting. The applicant will have the opportunity to present information, documents, and witnesses to demonstrate to the Commission that the applicant is fit for licensure.

Application time periods

The DBPR has 30 days to check the application for completeness. If there are any errors and/or omissions, the Department will return the application, which will delay the process. After receiving a complete application, the DBPR has 90 days to review the information and to approve or deny the application. If more than 90 days elapses, the application is considered approved by the Department. An application expires two years after the DBPR received it.

Rights of an applicant

When the FREC denies an application for licensure, it must send the applicant a notice of denial. The applicant has 21 days from the date of receipt of the denial to request a hearing in accordance with Chapter 120, F.S.

Exam Eligible

After the application has been approved, the DBPR notifies the exam testing vendor. The vendor will notify the applicant that the application has been approved and that the applicant may sit for the state exam.

The applicant may schedule the exam with the testing vendor in Florida or in any state where the vendor has a testing site, The applicant must present two forms of identification as well as the course completion certificate from the school where the required prelicense education was taken.

Reciprocity for U.S. Armed Service Members and Their Spouses

Reciprocity allows persons who hold a license in a particular state to obtain a license in another state which has a reciprocal agreement. The only real estate license reciprocity in Florida relates to military members and their spouses.

The applicant must be on active duty or have been honorably discharged from the military, or must be the spouse of a person who is serving or has served. The surviving spouse must have been married to the veteran at the time of death in order to qualify.

In order to receive reciprocity, the applicant must have a real estate license in another jurisdiction and pass a background check. The DBPR must issue a Florida real estate license. The applicant need not take a prelicense course or pass the state exam.

Nonresident Application Requirements

There is no requirement that a person live in Florida before getting a Florida real estate license. Nonresidents who want a Florida real estate license must meet all the licensing requirements, including passing the education course and the state exam. In addition, the person must complete the post-licensing and continuing education requirements after becoming licensed.

Requirements Pertaining to Prelicensure Courses

• The passing score for the end-of-course exam is 70 percent. The school must give the student a FREC-prescribed grade report when the student successfully passes the course exam.
• If a student fails the end-of-course exam, the student must wait for at least 30 days, but not more than one year to take an alternate exam (which must be different from the first exam). If a student fails the alternate exam, the student will have to retake the course in order to qualify for a license.
• Student will receive a course completion certificate after passing a timed end-of-course exam.