You have a complaint filed against you to the Florida Real Estate Commission. What happens next?
• The complaint is forwarded to a “complaint analysis,” who determines if it is “legally sufficient.”
If it is, a case number is assigned and the case is forwarded to the Investigative Field Office in this area.
If it is not, a case number is assigned, and a letter is sent to the person making the complaint explaining that no case will be opened. The case remains in the FREC records but is kept confidential.
• The investigator determines the facts, as best they can, by talking with all sides of the issue and files a report to the FREC legal department.
• If the legal department determines that there has been a possible violation, the case is referred to the Probable Cause Panel of the commission. This is a committee of commission members who are not employed by the state.
• If the panel determines there is Probable Cause, it is remanded to the legal department, which negotiates a settlement with the person involved based on standard penalties.
• If the person accepts the penalties, the case goes back to the Comission for approval.
• If the person and the attorneys cannot agree on penalties, or if the person maintains innocence, the case goes before the board for a decision.
The Commission’s Disciplinary Action Report is on the state’s Web site at www.myfloridalicense.com/dbpr/re/FRECDARs.html.
And yes, you’ll know some of the people who have gotten in trouble.
The North Florida area is relatively error free, certainly compared to the rest of Florida. Of the 175 listed to date on the report, only five are from this area.