DIVISION OF REAL ESTATE
Bureau of Enforcement
License Efficiently
Regulate Fairly
3613
COMPLAINTS
Fiscal Year 2015-2016
Real Estate = 3751
Appraisal =206
Unlicensed = 690
Total = 3957
Fiscal Year 2016-2017
Real Estate = 3470
Appraisal = 143
Unlicensed = 732
Total = 3613
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
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.
Anonymous
Complaints
The department may investigate if:
Written Complaint
Legally Sufficient
Substantial
Reason to believe allegations are
true
Investigation
•
•
•
•
•
Gather all pertinent facts
Research records
Interview involved parties
Audit bank accounts
Written report
• Criminal Conviction
• Failure to Self-Report
• Advertising
• Salesperson Operating as a Broker
• Escrow
61J210.025
• 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
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)
Broker
•
•
•
•
•
•
Deposit within 3 days
Perform Escrow Verification
Reconcile Escrow Account
Shortages
Overages
Failure to properly reconcile escrow account
Audits and Inspections
AUDITS/INSPECTIONS 2016
2017
JAN
FEB
MARCH APRIL
MAY
JUNE
JULY
AUG
SEPT
OCT
NOV
DEC
TOTAL
INSPECTIONS
33
12
24
24
18
111
AUDITS
15
10
4
9
4
42
AUDITS/INSPECTIONS 2015
2016
INSPECTIONS
13
18
27
30
29
64
19
19
13
13
8
12
265
AUDITS
11
13
14
12
12
11
17
12
3
9
2
7
123
61J2-14.012(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.
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
• A $100
• B $100
• C $100
Net Balance = $300
Liability = $300
A $100
B -$100
C $100
Net Balance = $100
Liability = $200
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
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
• Shortages
• Overages