1. DIVISION OF REAL ESTATE
Bureau of Enforcement

2. License Efficiently
Regulate Fairly

3. 3613

4. COMPLAINTS Fiscal Year 2016-2017 Fiscal Year 2015-2016
Real Estate = 3751
Appraisal =206
Unlicensed = 690
Total = 3957
Fiscal Year
Real Estate = 3470
Appraisal = 143
Unlicensed = 732
Total = 3613

5. Disciplinary Proceedings Section 455.225(1)(a) Florida Statutes
The department shall cause to be investigated any complaint that is filed before it if the complaint is:
Written Complaint
Signed by the Complainant
Legally Sufficient

6. A complaint is legally sufficient if it contains ultimate facts that show that a violation of this chapter, of any of the practice acts relating to the professions regulated by the department, or of any rule adopted by the department or a regulatory board in the department has occurred. In order to determine legal sufficiency, the department may require supporting information or documentation.

7. Anonymous Complaints The department may investigate if:
Written Complaint
Legally Sufficient
Substantial
Reason to believe allegations are true

11. Investigation Gather all pertinent facts Research records
Interview involved parties
Audit bank accounts
Written report

12. Failure to Self-Report Advertising Salesperson Operating as a Broker
Criminal Conviction
Failure to Self-Report
Advertising
Salesperson Operating as a Broker
Escrow

15. 61J
Reasonable person would know they are dealing with a licensee
Must include the name of the brokerage firm
Must not be false, misleading or deceptive
If name used, must include at least the last name
Internet advertisement to include brokerage name adjacent to or immediately above or below contact information

17. Sales Associate No funds in their own name
Turn over funds to their broker by close of next business day
Failure to identify escrow agent (name, address and telephone number)

18. Broker Deposit within 3 days Perform Escrow Verification
Reconcile Escrow Account
Shortages
Overages
Failure to properly reconcile escrow account

19. Audits and Inspections

21. 61J (2)
Once monthly, a broker shall cause to be made a written statement comparing the broker’s trust liability with the reconciled bank balances of all trust accounts.

22. Reconciliation Minimum Information
Date reconciliation undertaken
Date used for reconciliation
Name of bank
Name of account
Account number
Account balance
Deposits in transit
Outstanding checks by date and number
Itemized list of broker’s trust liability
Other items necessary to reconcile the account
Explanation for differences between trust liability and bank balance required
Corrective action
Broker’s certificate of review and signature

25. A $100
B $100
C $100
Net Balance = $300
Liability = $300

26. A $100 B -$100 C $100 Net Balance = $100 Liability = $200

27. What if violations are found?
Notice of Non Compliance
Failure to sign reconciliation when account balances
Failure to indicate the name or address of the escrow agent
Failure to perform escrow verification responsibilities
Failure to stop interest from accruing

28. Citations Failure to maintain office - $500
Failure to maintain sign - $100
Failure to immediately deposit trust funds (not more than 3 days late) - $200
Advertisement issues - $500
2nd Offense failure to indicate escrow agent on contract - $200
2nd Offense failure to perform escrow verification - $200
Failure to properly reconcile escrow account when account balances - $500

29. Shortages
Overages