Topic 3.4: The Florida Real Estate Commission

Learning Objectives

After successfully completing this topic, you will be able to
• describe the composition, appointment and member qualifications of the Florida Real Estate Commission, and
• understand the powers and duties of the Commission.

The Florida Real Estate Commission consists of seven members appointed by the Governor, subject to confirmation by the Senate. The commissioners may serve a maximum of two four-year terms. The Commissioners are accountable to the governor, and are exempt from civil liability that results from performance of official duties.

Composition

The composition of the Commission is as follows
• four members must be licensed brokers, each of whom has held an active license for the five years preceding appointment;
• one member must be a licensed broker or a licensed sales associate who has held an active license for the two years preceding appointment; and
• two members must be persons who are not, and have never been, licensees.
• At least one member of the commission must be 60 years of age or older.

Compensation

Members of the real estate commission are not employees of the state and do not receive a salary. They receive $50 for each day (per diem) or portion of a day for attending an official meeting. In addition, members are reimbursed for expenses associated with their duties.

There must be at least four commission members present in order to do business, which constitutes a quorum. At the annual organizational meeting the members select a chairperson and a vice chairperson.

Duties and Powers

The FREC has the power and the duty to

1. Adopt a seal. A document that carries the seal shall be prima facie evidence that it is authentic in all the courts of this state.
2. Foster the education of brokers, broker associates, sales associates, and instructors concerning the ethical, legal, and business principles which should govern their conduct.
3. Conduct or approve real estate educational courses for licensed brokers, broker associates, sales associates, or instructors.
4. Enact rules and regulations, and decide questions of practice.
5. Inspect and audit.
6. Discipline licensees.
7. Report criminal violations of Chapter 475 to the state attorney.
8. Inform the Division of Florida Land Sales, Condominiums, and Mobile Homes when disciplinary action is taken by FREC against any of its licensees.

Legal counsel to the Commission is provided by the state attorney general.