GENERAL LICENSING PROVISIONS
There are two types of real estate licenses that are issued to individuals: sales associate and broker. A licensee initially qualifies as an inactive sales associate. Brokers may be active brokers, broker-sales associates, or inactive brokers. An active real estate broker may serve in a non-brokerage capacity as an officer or director of one or more real estate corporations or as a partner in one or more real estate partnerships while maintaining active licenses with other real estate brokerage firms.
DEFINITION OF REAL ESTATE LICENSE CATEGORIES
Reference: Section 475.01, Florida Statutes (F.S.)
A person who, for another and for compensation, performs real estate services
A person who performs real estate services for compensation, but who does so under the direction, control, or management of another person
A person who is qualified to be issued a license as a broker but who operates as a sales associate in the employ of another (Note: If a broker-sales associate becomes inactive, he or she becomes an inactive broker.)
Once the Commission certifies that an applicant has met all of the licensure requirements, a license is issued by the Department of Business and Professional Regulation (DBPR). The professional ethics and business practices of the licensee are under the jurisdiction of the Florida Real Estate Commission (FREC). FREC may refuse to certify for licensure any applicant who has violated any of the provisions of Section 475.42, F.S., and may discipline under Section 475.25, F.S.
A person desiring to be licensed must apply on a form furnished by the Division of Real Estate (DRE). The form must be completed and notarized. Applicants are cautioned to complete the application carefully, particularly to past history concerning felonies, misdemeanors, and traffic offenses (other than parking, speeding, inspection, or traffic signal violations). When responding regarding past history (background information section on application), applicants who have been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendre (no contest), even if adjudication was withheld, should attach full details of all cases with dates and outcomes, including any sentence and conditions imposed. Failure to truthfully disclose this information may result in denial of a real estate license, or in cases where a license has already been issued, it may result in revocation of the license.
Electronic fingerprinting will be mandatory for all real estate sales associates and broker applicants. To find a site closest to you Click Here (www.MyFlorida.com/dbpr). The notice of satisfactory completion of the prescribed course (grade report) may either be forwarded with the application or be presented at the examination site before taking the exam.
A 30-day period is allowed after receipt of the application to check for errors and omissions and to notify the applicant of any additional information required. An applicant's failure to supply additional information cannot be grounds for denial of a license unless the applicant was notified within the 30-day period. Any application for a license that is not approved or denied within legislated time periods must be considered approved. An applicant must be informed of approval or denial within 90 days after receipt of the last correctly submitted application.
Once the application has been processed, a thorough investigation of the applicant will be conducted, including processing the applicant's fingerprints. When complete and the applicant is considered qualified, the DRE notifies the national testing vendor. The vendor then sends a notice informing the candidate that he or she is eligible to take the state license examination. Examination appointments are scheduled directly through the testing vendor. Applicants must pass the appropriate state license exam with a grade of 75 or higher. Failure to pass the state exam within that period renders the required course invalid for satisfying the academic qualification for licensure. According to Florida Statute, applications expire one year from the date that the DRE receives them; however, applications are currently being honored for two years.
Examinees' answers are graded at the test site and the student is given a grade notice at that time. The grade notice includes pass/fail information, and failure notices include a breakdown of the points scored in each major subject area. The initial inactive license is mailed directly to the licensee following notification of a passing score. A sales associate applicant may legally begin to operate as a licensee once the applicant has notified the DRE of his or her employer's name and address by filing the appropriate form with the DRE. Examinees may file the form with the vendor at the test site.
Failure notices must include information about retaking the exam, reviewing the exam, and requesting a hearing to challenge the exam. Applicants are legally entitled to review their most recent exam. The applicant reviews the exam at the exam site by scheduling an appointment with the national test vendor. A review fee is paid directly to the test vendor. The applicant may review only those questions he or she answered incorrectly. All examination reviews by applicants must be scheduled and completed no later than 60 days following the date on the grade notice. If after the review the applicant wishes to file an objection, he or she may submit, in writing, specific objections to any of the exam questions for consideration by the FREC Validation Committee. The objection must be filed within 30 days of the exam review date.
An applicant may also petition for a formal hearing before the Division of Administrative Hearings. The applicant has 21 days from the date on the grade notice, or from the date the candidate reviewed the exam, if applicable, to request a hearing. The hearing must be filed with the Chief, Bureau of Testing, DBPR.
Nonresident application requirements. US citizenship is not required for applicants; furthermore, applicants may be nonresidents of Florida. If a nonresident applicant or licensee wishes to become licensed in Florida, he or she must sign the irrevocable consent to service section on the application form. This agreement provides that lawsuits and other legal actions may be initiated against the applicant in any county of Florida in which the person bringing the suit resides. The notarized consent includes the provision that any legal service or pleading against the applicant may be made by the delivery or by certified mail, return receipt requested, to the director of the DRE, with a copy to the applicant by registered mail. Nonresident applicants and licensees must comply with all other FS> 475 requirements and FREC rules. Any resident licensee who becomes a nonresident must notify the Commission within 60 days of the change in residency and comply with resident requirements. Failure to notify the Commission subjects the licensee to penalties cited in Section 475.25 F.S. Nonresident licensees must satisfactorily complete the post-licensing and continuing education requirements required of all Florida real estate licensees.
• Any resident licensee who becomes a nonresident must notify the Commission within 60 days of the change in residency and comply with all nonresident requirements.
• A Florida resident licensee who fails to notify the Commission of becoming a nonresident as prescribed in Section 475.17(7) may be issued a citation and fined $100.
Reference: Section 475.180, F.S., and 61J2-24.002, F.A.C.
Mutual recognition agreements. FREC may enter into mutual recognition agreements with other licensing authorities. The intent of these agreements is to recognize the education and experience that real estate licensees have acquired in another state or nation. These agreements apply exclusively to nonresidents licensed in other jurisdictions. Each licensee who applies for Florida licensure from a state or jurisdiction that has a current mutual recognition agreement with Florida must take and pass a written Florida-specific real estate law examination (a pre-license course is not required of these candidates). The exam consists of 40 questions worth 1 point each. A grade of 30 points or higher is required to pass the exam. The mutual recognition agreements also ensure that Florida licensees have equal opportunity for licensure in those jurisdictions with which agreements are concluded. FREC has entered into mutual recognition agreements with: Alabama, Arkansas, Connecticut, Georgia, Illinois, Mississippi, Nebraska and Rhode Island.
Florida resident defined. For application purposes, FREC rules define a resident of Florida as a person who has resided in Florida continuously for a period of four calendar months or more within the preceding year, regardless of whether the residence was a recreational vehicle, hotel, rental unit, or other temporary or permanent location. Any person who presently resides in Florida in any of the above-described accommodations with the intention of residing continuously in Florida for four months or longer, beginning on the date the person established the current period of residence, is also a legal Florida resident.
To be eligible to apply for a Florida Real Estate Sales Associates License, you do NOT have to be a Citizen of the United States or a Florida resident. However, they must be 18 years of age and possess a high school diploma or equivalent.
Additionally, to be eligible to apply for a Real Estate Sales Associate License, you must successfully complete Sales Associate Pre License Course (63 Hours) and subsequently apply to take the Florida Real Estate Sales Associate Exam.
REQUIREMENTS FOR COMPLETING THE COURSE
To receive credit for the on-line courses, you must successfully complete the following requirements:
Complete all course lessons by answering each question correctly at least twice.
Return a Student Affidavit to us, which is accessible after you have completed all course lessons.
Pass the course final examination.